Advocate Parikshith Kutur

Questions Answered by Advocate Parikshith Kutur

Q: Ancestral property is stated per section 38 and 43 of endowment act

SIR, I HAVE A PROPERTY ANCESTRAL PROPERTY REGISTERED IN 1966. TILL DATE NEITHER NOTICES NOR LETTERS RECEIVED FROM ENDOWMENT DEPT. NEARLY 18 HOUSES ARE LIVING. ALL ARE WITH REGISTERED DOCUMENTS WITH MOTHER DOUCMENTS FROM 1932 . NOW ENDOWMENT STATING AS PER SEC 38 AND 43 OF ENDOWMNET ACT THIS SURVEY NO IS UNDER ENDOWMENT. WHAT TO DO. AND HOW TO APPROACH.

Advocate Parikshith Kutur answered
My Name is Parikshith,Firstly, i want understand if you have received any notice from Endowment Department or office ? Secondly, if yes under what provision is the notice i get to know issued ?Thirdly, If not how did you find that Endowment department is calming this land under sec 38 or 43 ?In this issue we can either approach either the HC or Endowment Tribunal based further answers and discussions

Q: Non payment of wages by employer despite reminders

I used to work in a Civil Company. I wasn't getting my wages since months So, I resigned. I really need my wages cleared now ! Please help me out

Advocate Parikshith Kutur answered
Firstly, The options you have would be to file a money recovery suit or( a summary suit in case of written employment ) against your previous employer. Secondly, Is their a written contract between you and your employer.

Q: Can the relatives of seller claim back agricultural land after 30yrs

Dear Sir/Mam. I recently heard a situation regarding the Agriculture Land. Mr X sold a land to Mr Y, With two people, as the proof. It has been done before 30 years. At that time they just had a Notary form. But now, the situation has come that Mr X soninlaw filed a case against Mr Y noticing that he is using his Land. The gun Points over here are • Mr X got expired • two people who were proof were also passed away • Mr X wife knew the facts. But now we don`t know whether she is influenced by someone or something. So, she is not accepting the facts. • Mr Y was cultivating the Land for last 30 years. Since Mr Y made a land to a useful one.So, Mr X wife and soninlaw want their land forcefully.  So how it can be handled?

Advocate Parikshith Kutur answered
Hello I am parikshith,Firstly, when you say it is Agricultural land and cultivation has been carried out the land from more than 30 years, in such case there will be revenue records which will suggest who was in cultivation of the land and from when. Secondly, There will revenue records called Pahanis also showing the ownership and cultivation of the land. Thirdly, We can surly Take a defense of Adverse possession and show it.

Q: Do I need to pay 1% of registration value to IT dept if I buy property

I'm planning to buy a property in Hyderabad, I'm new to city. Property (House) worth is above 50L and some are suggesting that as a buyer I need to pay 1% of the registration value to IT department as tax on behalf of seller & produce the same during registration. Some say it is not required. I'm also looking for a lawyer who can prepare my property deed & complete registration process. It would be helpful if you could also provide some estimate for same. Thanks.

Advocate Parikshith Kutur answered
Hello sir, My name is parikshith, Sir, To be more specific my question is when you say 1 % of Registration, are you talking about TDS (Tax Deductible at Source) to IT Department ? if that is yes then, as a matter general practice TDS is paid by the buyer before registration and same is deducted from seller's total consideration to be paid after prior intimation and TDS receipt and challan of payment of IT Department is handed over to the seller after or before the registration of the property. I can surly help you with the entire documentation process. Please feel free to contact me. Thanks,

Q: Bought a flat & found out seller has loan pending on the property

I gave 25 lakh on a 65 lakh flat but now found out that the owner of the flat has a loan of 2 crores from a finance company on the apartment which is in debt and also owes 60 lakhs to a private financier. The owner is not being able to pay emi to them and bajaj is wanting to go for an auction. If i want my money back ,who will pay me ? And if i was want that flat i am being demanded more. Please help me.

Advocate Parikshith Kutur answered
Firstly, how did you pay the money ? i.e by way of a cheque or cash Secondly, is there any agreement of sale, registered or unregistered one between you and the owner ? Thirdly, the flat owner has to pay you and you can surly file a money recovery suit against him and Re claim your money from him.