Advocate P.N Rajan

Questions Answered by Advocate P.N Rajan

Q: Income tax benificial from house property

My wife and mother in law (both are not having a permanent income from any source) jointly have one land, wherein we planned to construct a home for rental purpose with obtaining loan from bank. Myself will be the joint loan applicant, and I have to pay the emi.. Here I have few questions.. 1)Is it benificial (in terms of income tax,) if I transfer the land on my name and apply for the loan, so will get tax excemptions.. 2)in this case am increasing my wealth, I may have to show the rental income also. 3)for a long run will it be okay, am a salary earner from one of private company. Or 1)let the property on my wife name and take a loan, and not claim for IT benifits.. Pl advice considering future

Advocate P.N Rajan answered
Dear querist, only the person on whose name the property lies can claim IT exemptions/deductions on the rental income returned to the department while doing so interest payment on account of home loan obtained from bank for construction of such building can be deducted and housing loan repayment can also be deducted under section 80 C of the Act. In your case your mother and your wife will be treated as joint/co- owners of the property and to the extent of share of rental income each individual shall be taxed.

Q: Failed to appear for hearing before Service Tax Department

I received a letter from Service tax department for personal hearing through Indian post tomorrow I'd hearing but I m not attended the hearing. What is next

Advocate P.N Rajan answered
They will award you another opportunity for you to represent the case. Without sharing complete details of your case my guidance may not be proper. With proper details a better solution could be given taking into account the velocity of the case.

Q: How to recover money from people when cheated on the name of loans.

People told they will give loan for less interest, one of my colleague introduced a guy will give loan on basis of property document, me and my client met them. After a long conversation after a week they told client have to give 10 lakhs for getting the loan but now it is more than 1 and half years they r not returning back the given money or loan. I called my client serveral time to police station for complaining this but he didn't believed me, he had close contact with those people... After the confirmation these people are cheating him that too after 1 and half year now the client comes to me and says u r the introducer and same is been complained in the police station. Now what I should do.. pls advise

Advocate P.N Rajan answered
The general belief that by filing a recovery Suit against a Debtor will go on for years at large, is not so, if one knows the real scope of Order 37 of the Civil Procedure Code, 1908. Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit.

Q: Forged signature of witness can WILL be challenged in the court

My parents had written a Will giving the house to the widow of the predeceased son, leaving nothing for myself & my sister (we are totally 3 children to our parents). The Will was signed before a notary public (a lawyer) and witnessed by two people. One of the witnesses is said to be myself on a particular day in Chennai, Tamil Nadu before the notary. But I was not there in Chennai as per my US Passport Entries. It is a forgery done with or without the knowledge of my parents. I want to go to the probate court and raise objections solely on the basis of this forged signature as one of the witnesses. What is my chance of winning the case against this forged document?

Advocate P.N Rajan answered
Dear queristYou have your right to question any document in which your are added either as a party or as a witness . Further any unregistered will can also be challenged before the court of law to prove it is not genuine, if you could prove it otherwise.

Q: Girl blackmailing for marriage after having sex but no promise made

I'm a boy and i'm 20 years old. My friend introduced me to a girl of same age. We both are talking regularly in phone and texting each other. She loves me so much. But i dont love her. But one day we met at one place and without knowing we had sex. I didnt ask her to have sex, but it happend and I didnt promise her that i will marry her before and after sex. Now she is asking me to marry her. she is doing blackmail that she will tell their parents and she will put a case on me. What happens if it goes to court?? Please help me in this. What i have to do now.

Advocate P.N Rajan answered
Court of law always understands everything based on evidence on hand to decide upon any case, in your instant matter whether you have made a promise or not or whether you had sex with the consent of the other party or not all depends on the evidence on hand produced before the court by either party to strengthen his/her side. Indian judiciary always protects and safe guards marriage's in order to save weaker sex from being cheated. Hence it is always advised to settle the issued amicably, since your side lacks material strength to defend.