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Old 15th May 2013, 13:43   #76
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Re: Calling Lawyers & CAs on this forum to provide free consultations

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They will not respond to emails. The ombudsman details will be in the SBI website. Get the details and prepare a complaint to the ombudsman with copy to SBI. Walk in to the nearest SBI Cards office and hand over the SBI copy to the manager and ask for an acknowledgement. If office visit is not possible, send a Registered letter (with acknowledgment) to SBI cards as well as the ombudsman. I am sure you'll get a response.
Thanks Jaguar, I got a call from the SBI Cards HQ sometime last week, think they have been contacted\intimated by the RBI ombudsman about my complaint. Funnily, just after that I received another collection call

But I really want to file a court case asking them for compensation.
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Old 18th May 2013, 15:32   #77
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Re: Calling Lawyers & CAs on this forum to provide free consultations

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Hi All,

I wish to get my mother will registered with court / magistrate. This is to ensure that no one can raise objection / create another will later on.
This is due to a recent bad experience with one of my relatives where we saw four wills with different relatives nominating then self’s for the property. This was done using her signature on blank paper. I wish avoid the same situation.

Kindly guide on the best process possible .
Its easy, draft a proper will, prepare two copies with signature of the testator on all the pages, signature of the witnesses on the last page. paste passport size photograph on the copies

Get the 5 finger print of the testator on the reverse of first page on both copies alongwith LTI/RTI of witnesses. fill up a filing performa/advocate performa and draft of Rs. 1000 in favour of region's DC alongwith a affidavit for the draft. present to sub-registrar office, he will satisfy himself by enquiring with the testator as to his/her willingness on the contents of the will. and will send testator and witnesses for photograph. you can collect the registered copy after approx 15 days

Delhi has made aadhar card/aadhar receipt mandatory(additional id in case of receipt), do make sure you posses one. you have to mention Aadhar no. on both the copies.

PS: Registered will does stand on a better footing however it doesnt prevent testator from preparing another will or codicil, so if your mother intends to transfer the property, she should ideally do it when she is alive, relatives do tend to land up with multiple wills.
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Old 23rd May 2013, 20:43   #78
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Re: Calling Lawyers & CAs on this forum to provide free consultations

Question for CA's:

There is a Trust, registered and currently has 80G exemption on all donations. The Trust has some publications - both audio & books. The material in these books/audio is related to the activities conducted by the Trust, as per it's registered activities.

It is natural that any item on sale must have a price printed on it. These items hence have a selling price printed on them. The selling price of the material (and as marked on these) is quite nominal, and just covers the costs.

The Trust does not have any other income, apart from donations & the sale of these specific items (Books / audio) that are produced /published by the Trust itself.

Question is:
1. Are there any restrictions on the sale of such items by such a Trust ?
2. Or, are there any conditions that the Trust must adhere to, when they sell these items ?


Will it help to print a statement on the items that the proceeds of the sale are being utilized for the welfare activities conducted by the Trust ?

TIA !
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Old 8th July 2013, 18:25   #79
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Re: Calling Lawyers & CAs on this forum to provide free consultations

Need help from CAs.

I have received one letter from Compliance Management Cell. It is about non filing of returns for 3 financial years as well as some transactions as reported by other parties like Banks and Mutual fund companies.

I have all the returns so is it possible that the system could not match the returns with the PAN card?

Secondly, all the highlighted transactions are done by me. So what happens next? When I reply to Compliance Management Cell, do they open the returns for thorough scrutiny?

Thanks in advance!
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Old 19th August 2013, 13:25   #80
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Re: Calling Lawyers & CAs on this forum to provide free consultations

Can my wife who is a C.A do an audit of a company in which I am a director?
Are there any regulations that say close family members cannot do audits etc?
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Old 19th August 2013, 13:35   #81
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Re: Calling Lawyers & CAs on this forum to provide free consultations

@paras211, your wife will not be able to do the statutory audit of a company in which you are director. Restrictions are specified in Companies Act as well as professional ethics as prescribed by ICAI.
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Old 19th August 2013, 14:19   #82
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@paras211, your wife will not be able to do the statutory audit of a company in which you are director. Restrictions are specified in Companies Act as well as professional ethics as prescribed by ICAI.
Can she do audits for her father in law ie my dad?
Thanks for the quick help
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Old 4th September 2013, 11:48   #83
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Re: Calling Lawyers & CAs on this forum to provide free consultations

My tenant wants to use the rented flat (which I own) as the registered office of a business they are starting/company they are incorporating. I want to know if it's safe for me to give this permission (i.e. they want a letter from me) - what are the legal repercussions for me.
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Old 6th September 2013, 00:28   #84
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Re: Calling Lawyers & CAs on this forum to provide free consultations

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My tenant wants to use the rented flat (which I own) as the registered office of a business they are starting/company they are incorporating. I want to know if it's safe for me to give this permission (i.e. they want a letter from me) - what are the legal repercussions for me.
For one, the water, electricity etc would be charged at commercial rates and you'd have a hard time reverting it back to residential rate after this tenant has moved out. I had once rented out my house to a part-time astrologer and the utility guys changed the rates without even any intimation. Had a hard time getting it corrected.

Plus, you might want to check with your apartment owners association. My association by-law prohibit any commercial activity within the premises.
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Old 6th September 2013, 02:14   #85
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Re: Calling Lawyers & CAs on this forum to provide free consultations

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My tenant wants to use the rented flat (which I own) as the registered office of a business they are starting/company they are incorporating. I want to know if it's safe for me to give this permission (i.e. they want a letter from me) - what are the legal repercussions for me.
If its going to be a small business, or stuff like lawyers chambers, then just go with the flow
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Old 6th September 2013, 06:24   #86
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Re: Calling Lawyers & CAs on this forum to provide free consultations

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If its going to be a small business, or stuff like lawyers chambers, then just go with the flow

What does that mean - go with the flow?
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Old 6th September 2013, 11:43   #87
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What does that mean - go with the flow?
As in, it does not do you any harm - big commercial premises are subject to zoning requirements, etc. apart from the obvious stuff like higher electricity rates - but with that comes other facilities such as tri-phase connections etc.

All i am saying if if it is going to be a home run company, where the facilities are also being used for residential purposes, and a small home office, you won't have too many problems. I am not completely certain, but as such, the fact that a company is registered to your residential address doesn't automatically make your property a commercial space.
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Old 6th September 2013, 22:44   #88
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I had a query regarding change in my wife's maiden name. She had not changed her maiden surname (Kaur) after marriage with me (Sharma). Our marriage certificate also has her pre marriage surname and all other documents like bank a/c, my LIC nomination, my employer records, medical insurance etc have her pre marriage surname.

Now we are going for her passport renewal and as all our records are like that, we plan to keep her maiden surname in passport too.

My query is whether this would cause any issue later in life. For eg during any insurance claim etc.?

Thanks
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Old 9th September 2013, 16:36   #89
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I had a query regarding change in my wife's maiden name. She had not changed her maiden surname (Kaur) after marriage with me (Sharma). Our marriage certificate also has her pre marriage surname and all other documents like bank a/c, my LIC nomination, my employer records, medical insurance etc have her pre marriage surname.

Now we are going for her passport renewal and as all our records are like that, we plan to keep her maiden surname in passport too.

My query is whether this would cause any issue later in life. For eg during any insurance claim etc.?

Thanks
Good that you have not changed your name anywhere. As long as you are consistent and have not changed the name anywhere, there will not be a problem.

changing names after marriage is one of those idiosyncratic things. Perfectly fine if you don't.

Last edited by manolin : 9th September 2013 at 16:57.
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Old 26th September 2013, 00:23   #90
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Re: Calling Lawyers & CAs on this forum to provide free consultations

I need some advice for a good friend.

My friends owns a small consulting firm, He was issued a cheque for some services rendered by a top level executive of a large company (300-400cr) Pvt Company.
Now this cheque has bounced. When he tries to contact him he avoids his calls and texts,

What can he do now?
The cheque was issued by the top level executive and not a direct company cheque,
Is it worth the trouble sending this person a legal notice ?
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