Advocate Abhishek Jain

Questions Answered by Advocate Abhishek Jain (25+ answers)

Q: Registry of lal dora land in municipal corporation area

We have 20-marla plot in Lal Dora area. We have been living there for 35 years. My father's brothers filed a case in the sessions court regarding the joint property, but we won the case. We don't have any ownership documents for this property; we only have possession. Can we get the property registered by showing the court order?

Advocate Abhishek Jain answered
This in case the court has considered and declared you as the rightful and sole owner of the property, you may very well get the property registered in your name, however being a Lal Dora property it may not be through the regular sale deed process. In case you need any further assistance, feel free to contact us.

Q: Missed Original sale deed after loan disbursement

I had taken home load from the bank and as per my knowledge, original sale deed has to collect by Bank representative but they made some arrangement with deed writer/dealer mutually to pick the sale deed via dealer/deed writer. Paper missed between them and bank is shifting responsibility on borrower , please suggest

Advocate Abhishek Jain answered
The bank shall be required to provide you with a List of Documents wherein it has to clearly mention which documents in original have been received by them, for all the original documents received by them they full liability to provide them to you at the time of maturity of the loan, in case they deny this you may pursue legal route to get the same. In case you need any further assistance, feel free to reach out to us.

Q: Need GST & CA advice – Supplier shifting GST liability on me

I run Greenfields Building Solutions. For a Raipur GRC project, I bought material from Raghav (supplier).There was no work order between us, but I shared my client’s work order which clearly states billing on installed area only.Supplier over-billed me without my approval, paid GST on that excess billing, and now wants me to bear that GST loss.He also: • Failed to complete installation• Did not supply full material• Forced me to finish work with the Raipur client• Issued a credit note and

Advocate Abhishek Jain answered
Under GST law, any supplier cannot shift the burden of GST to another unless it a supply under RCM notification. Further, in case a credit note has already been issued by the supplier, his output tax liability shall be reduced after matching your claim of ITC. In case you require any further advise, feel free to connect with us.

Q: Mutation of Property is Required.

Registry is done but don't know how to proceed with the mutation process of Property and what's the approximate charges??/

Advocate Abhishek Jain answered
For mutation of your property, you may proceed by making a formal application to the revenue department, in some cases, depending on your jurisdiction, the seller might also be needed to be present for mutation. The charges for mutation varies based on the size of your property, type of your property and location of your property.

Q: No ownership proof of land in Abadi Deh

I have 20 marla land in Panchkula, on which I am living for the last 35 years. Right in front of my house, we have 50 marla ancestral land which has not been settled yet. One of my brothers sold his half share of it to someone even though the land was not divided. After that, he filed a case in civil court and declared my own land as ancestral. In the absence of proof of ownership, the civil court declared my land as ancestral and allocate the share to all brothers from my land. What should I do

Advocate Abhishek Jain answered
Depending on the more detailed facts and circumstances of your case in particular, you may be eligible to file a suit for declaration in the court of law in your jurisdiction for declaration that the said property is not ancestral rather it belongs solely to you.