[jbpanda]

Originally Posted by KrisTvpm

(Incidentally, @jbpanda this is not my own case! If it were, 2 things: I wouldn't hesitate to state the case as my own; and my blood boils a bit seeing the woman's attitude, w/o sounding arrogant/MCP I'd have tried to teach her a lesson; my friend has huge reserves of self-restraint!)

Apologies. My bad. It is mentioned in your post itself, which I missed.

As regards, gifting assets in mother's name though advisable but that by itself does not completely exonerate one from claim for maintenance. It may of course help in showing that your friend does not own much assets. However, if his wife was aware of the assets and comes to know that those have been gifted, she can allege that it was deliberate and calculated attempt to deprive her and daughter from maintenance. In my view, the fact that endeavour should be to show that his wife is independent and self-sufficient and is not a spouse in need of maintenance. In my experience, depending on facts, your friend may be able to defend maintenance to wife but may still be responsible to pay some maintenance towards daughter. Considering the circumstances, maintenance by itself should not be a deterrent, rather he should try to take first mover advantage in placing on record the true and correct facts before his wife starts twisting and manipulating the same.

[KrisTvpm]

Originally Posted by jbpanda

As regards, ...<snip>... manipulating the same.

Thanks again for inputs @jbpanda

My friend is going about doing some last straw efforts to bring the relationship back on tracks, by meetings/dialogues/discussions et al with the woman & family.

For sake of the little kid whom none should be denying a proper family life/upbringing, I support him (else I've a mind to say some unparliamentary things here).

Hope he's successful in his attempts.

[WorkingGuru]

I have a tenant who has not paying rents since 6 months. We had a registered lease agreement. In December we filed for eviction but the notice is not being received by the tenant & the judge has been giving long dates.

My advocate asked the judge for paper advertisement today, but for no reason he refused to allow & has given 45 days time for no reason. I desperately need to know what to do further.

[jbpanda]

Originally Posted by WorkingGuru

I desperately need to know what to do further.

Serve notice through all means like - email, whatsapp, registered post with AD, speed post with AD, etc. It is a settled position of law that refusal of service is good service and the notice would be deemed to have been served in case he refuses any of the modes. On service through whatsapp, Bombay High Court has recently passed a judgment holding it to be an acceptable mode of service.

[WorkingGuru]

Originally Posted by jbpanda

Serve notice through all means like - email, whatsapp, registered post with AD, speed post with AD, etc. It is a settled position of law that refusal of service is good service and the notice would be deemed to have been served in case he refuses any of the modes. On service through whatsapp, Bombay High Court has recently passed a judgment holding it to be an acceptable mode of service.

Notice was sent by E-Mail in December itself & the tenant even replied to it. WhatsApp conversations of my constant requests & pleading to the tenant are available, but my lawyer says the written court notice needs to be received by him.

Maybe I need to find a different lawyer. Guess I should start searching on Just Dial.

[jbpanda]

Originally Posted by WorkingGuru

Maybe I need to find a different lawyer. Guess I should start searching on Just Dial.

That appears to be the problem here. It is hard to find trustworthy reliable ones. Do not search lawyer through just dial. I can try to recommend you a good lawyer through our Firm's database. Kindly PM me your location.

[WorkingGuru]

Originally Posted by jbpanda

That appears to be the problem here. It is hard to find trustworthy reliable ones. Do not search lawyer through just dial. I can try to recommend you a good lawyer through our Firm's database. Kindly PM me your location.

Exactly what my family is tensed about. I'm messaging you my details, will be very grateful for this.

[rdst_1]

Hi guys,
I need some advice. I started working on opening a milk delivery service around 2 years back. At that time, I didn't register any firm.
Monetary contributions for the construction of the shed etc. has been through an OD account in my mother's name. The same account has been used for other purposes as well.
I am looking to apply for a new loan and commence operations in April-May. Also, the receipts for the material used to construct the shed are mostly in my mother's name while some are in my name.
Now, if I were to form a partnership firm with my mother and do all upcoming transactions in the firm's name, then how do we claim depreciation on the building. All the labor work was done in my supervision and there was no contractor involved, so TDS doesn't come into play. We have receipts and all labor work and payment records.
Also, apart from depreciation, can I add the interest accrued on the building costs so far in the value of the asset. If not, is there any way to show that interest as expense, which is what can be done in a normal loan.

[dsnaveen21]

Guys,

Lawyers, help need please.

Hi, we have car parking issue. The person X does not (owner stays out of state) stay in society and he has kept his car in our society, the house (his) he has given to rent.
We told him verbally that we will move your car parking to some other place. He agreed and we moved X car to some other location in same society.
Later X's wife complained in police station stating that my (X) car was stolen and we moved the car to its original place.

In AGM meeting we decided that all owners who don't stay in society are not eligible for parking.
Due to less space in parking, we have rule like this.

Now what action society should do so that like this people cars stay out of society?
Thanks.

[Tjax]

Originally Posted by dsnaveen21

Guys,

Lawyers, help need please.

Hi, we have car parking issue. The person X does not (owner stays out of state) stay in society and he has kept his car in our society, the house (his) he has given to rent.

In AGM meeting we decided that all owners who don't stay in society are not eligible for parking.
Due to less space in parking, we have rule like this.

Now what action society should do so that like this people cars stay out of society?
Thanks.

Who owns the car parking slot? Do your title deeds (sale deeds) specify the car parking slot number or generally that one car parking area is transferred?

If X owns the car parking area and that particular slot is allotted to him then how can the society prevent him from parking his car there?

Though there is a judgment of the SC that parking areas can not be sold independently and that is being used in Bangalore also to argue that car parking area is a common area it may not hold water since that was under a specific Maharashtra legislation in particular facts of that case.

[dsnaveen21]

Thank you for reply.

Originally Posted by Tjax

Who owns the car parking slot? Do your title deeds (sale deeds) specify the car parking slot number or generally that one car parking area is transferred?

Nobody, its on society name.
No the society gives the car parking to its member based on first come first serve basis, its not permanent.

Originally Posted by Tjax

If X owns the car parking area and that particular slot is allotted to him then how can the society prevent him from parking his car there?

The person X does not stay in society, he has given his home on rent, he stays out of state, as per society rule if a person does not stay in society,
he needs to move the car out. (Limited parking space)

[Tjax]

Originally Posted by dsnaveen21

Thank you for reply.

Nobody, its on society name.

No the society gives the car parking to its member based on first come first serve basis, its not permanent.

Ah ok. So in effect it's like a license by the society to the car owner to use the parking slot. So what governs this understanding / agreement / license between the society and car owner? Is there something in writing?

[Swapnil4585]

Reference: - Income Tax Act, 1961, FY 2017-18 (AY 2018-19)

A long term capital gain had arisen in this year. It had either to be invested in specified bonds or for purchasing another house property. It was decided to invest the entire money in purchasing a property. Accordingly, an account under the CGAS was opened, and the money was deposited in that account on 30-03-2019.

Tax was paid on the income from profession on 31-03-2019, along with interest and late fee. However, the return could not be filed till 31-03-2019.

Can the return be filed now?

[petroguzzler]

Legal Professionals,

I need insights on the "Deed of Transfer of Rights". Can this deed be used when a house (not an apartment) is sold? If yes, please elucidate.

Thanks in advance.

[etrast75]

Hello auditors,
I need some advice on repatriating funds from abroad from sale of a company located outside india in which me and my wife owned a small share. I am looking for someone with knowledge of the process and the associated tax implications ( in bangalore) who can advise us. I am willing to pay for their services. If you or anyone who know can help us, please let me know.
Thanks..