Advocate Priyesh Verma

Questions Answered by Advocate Priyesh Verma

Q: clarifications about capital gains on house sale and purchase

I have an old house and another one was bought 2 years back (but not registered yet). If I sell my old house and pay outstanding loan of second house and then get second house registered. Will I be liable for capital gains?

Advocate Priyesh Verma answered
No capital gains arises when new property purchased by selling out old one. In your condition purchase date shall be taken on the date of registration that's why no capital gain arises. so far as loan is concerned it is not cleared whether secured or unsecured and how got without registration of property but but in your condition still immaterial.

Q: Mutual divorce filed but wife not appearing after in second motion

Hindus - marr in jan 14 - shortly thereafter living separately - a notarised compromise entered in feb 14 both parties to return jwellery; one time settled amount to be deposited in court- joint divorce application with compromise moved in family court- agreed amt deposited but jwellery could not be exchanged - wife is not turning up for second motion and 18 months are going to be elapsed - she is not in touch and exact where about not known - i)recourse to husband; ii) if divorce plaint is filed will it be considered as desertion by the wife iii) whether the summons can be sent bia e mail

Advocate Priyesh Verma answered
There is more details required to suggest further steps like terms of settlement, the effect of how much cost of jewelry to be exchanged to each other, the present address of wife traceable and informed to the court or not etc. But in present condition e mail is not a valid option. what is need to do is serve the summon through publishing it on a local news paper or the news paper is in circulation of that aria with the permission of court. Because the consent has already given by wife through joint divorce application judgement should be in favor of husband. The wife can only elapse the time as much as she can. For more appropriate approach need to discuss with details.