Advocate Aditya Trehan

Questions Answered by Advocate Aditya Trehan

Q: Can GST be charged on the earnest money and brokerage of a flat

i had booked a property with a builder in Haryana. i wish to cancel my investment. The builder has my money for over 4 years now. when i applied for cancellation of property he gave me a lis of deductions applicable which are earnest money+ 18 % GST on earnest money+brokerage paid + 18% GST on Brokerage paid. My question is can the builder charge me GST on the earnest money and brokerage paid. No builder buyer agreement has been signed by me with the builder yet. i have only signed the booking letter.

Advocate Aditya Trehan answered
It is better to file a consumer case if the property hasn't been handed over to you till date. You can claim your money back along with the interest.Plus, he cannot charge GST or any such thing as deductions regarding the money being paid to you.

Q: Ownership transfer in case of death without signing will

I live in joint family, my husband died three years back, whereas I am possessing the plot in which i live with my three sons however, the GPA of the plot is in the name of my brother in law who was the only(younger) brother of my Husband however, he along with his wife died three months back leaving behind two daughters who are living with their maternal family, my mother in law also, he left few more properties at his name, not sure whether all are having GPA status or the registered one. I have three sons, now want to know whether they have rights on the property. What if my husbands sister made legal documents at the name of their sons by fooling my mother in law as she is mentally not fit.

Advocate Aditya Trehan answered
We will need to check the GPA to see the powers being entrusted. Was this a sale being made through previous to the year 2007 and before the Suraj Lamps Law was implemented ?Regardless, you will need to proceed under the succession act and claim the right to administer the assets, and subsequently proceed with properly being mutated/ transferee to your/your sons names.

Q: Recovery from company for not paying money after work completion

Dear Sir, I have provided my services to Education Private Ltd. as a Technical Trainer. He accepted my invoice for the service. But now he is not releasing my payment. In this case, what should I do? Invoice raising date 05-12-2017. I can provide mutual conversation which was doing on Gmail. Regards

Advocate Aditya Trehan answered
You can file a case for recovery against him, plus if he’s transacted with you through a company and the amount is more than one lakhs then you can proceed in the NCLT also by initiating insolvency act also.

Q: Recovery of money lent to roommate & given cheques with wrong sign

Hi sir, i gave money to my flatmate, but now he is not returning neither he is denying. I transferred 32000 via account, deposited cash 50000 in my own account from which he withdraw a demend draft for his fees. Rest i gave in rent and all in daily needs. Total amount is 1.7 Lakh. He gave me blank cheque, blank stamp papers, and promisonary note signed by him and a thumb impression. But his signs are differ from what he actually do on cheque. I have his older cheques. I have a proof in terms of whatsapp chat and other audio visuals. The stamp paper were bought from Hyderabad, all money transfer took place in Hyderabad. Now i live in delhi. Can i go legal against him as i know his home town address and his college. I don't know right what is his actual location. Can i get notry for those stamp paper in delhi. As they were bought from Hyderabad. Are these valid in court. How much is the chance that i can win legally in court and how much time it may take.?

Advocate Aditya Trehan answered
Yes, you can file against a case against him.Do you have a bank account in Delhi ? If you have then we can make Delhi as the jurisdiction.And you will have to explain the details of the amount also which was given on loan.

Q: Can daughter claim share in father's property

Sir ,' A' died in 1952. After death of A, the self acquired property of him were mutated in the name of her wife B. In 1954 , General partition amongst B and her daughter's took place but one daughter could not get share as she already got the property more than her share as gift in her marriage by her Father A. The partition were certified in 1976. Now, whether that daughter can claim her share in the property of her father?

Advocate Aditya Trehan answered
No, she can’t.The father died in 1952, so as per Law she can’t because the Hindu Succession Act only came in 1956, so eventually before that there was only maintenance right and no share in property right.