Advocate Rajiv Jindal

Questions Answered by Advocate Rajiv Jindal

Q: How to recover money from my late father account

My father died 3 years back and he was working in central govt. and retired from there. Few months back we received some money in his account as final settlement. Since he is not alive we are facing problem in withdrawing money from his account. He left behind 3 sons and 2 daughters and wife.What is the  correct procedure?

Advocate Rajiv Jindal answered
If there is nomination in your father's account then money will be claimed by the nominee. If there is no nomination then Bank will pay the money to the legal heirs of your father and you will have to file claim papers duly signed by all the legal heirs to the Bank.

Q: Tax related to family pension received by a widow

Dear sir/ma'am, My mother is working with NC Rly Jhansi division. She had been given this job in 2012 on compassionate ground after the sudden demise of my father in the year 2010, who was on service then. My mother is getting family pension of my father along with her salary, now the question is that, will she have to file tax as per combined incomes from these two or she would be entitled to get exemption on family pension as per section 56 of the Income Tax act. Kindly help me out regarding this. Regards, Sharen Pradhan

Advocate Rajiv Jindal answered
Your mother has to file tax return as per combined income of salary and pension. Section 56 of Income Tax act is not applicable in such case. Please file return at the earliest or latest by 31.07.2017.Rajiv JindalAdvocate

Q: Who is the authority to decide my turnover comes under GST list

Iam from a small city of u.p named Fatehpur.Recently 2month ago i have started a retail cloth store.please tell me,am i require to register under gst? who will decide that my turnover is less than 20lakh ?

Advocate Rajiv Jindal answered
You require registration under GST if your turnover is more than 20 lacks per annum. Your balance sheet of the firm will show your turnover. Please take a help of an accountant or a chartered accountant to prepare balance sheet of the firm.

Q: Home loan sanctioned on builder's fake documents, how to proceed

taken a home loan & repaying EMI regularly since 2014. Project is still not completed. Recently through RTI it has came to notice that the project was not constructed according to the then approved plan. The existing plan (actual) was compounded later on 9.9.2014 whereas the home loan were sanctioned prior to this approval. Builder has submitted false undertaking as well as fake plan to bank stating that the construction is in accordance to approved plan. Bank has denied to provide the copy of plan submitted by builder directly to bank & also not responding on my complaints. What action can be taken against the bank. Can we ask the bank to recover the entire loan amount from builder.

Advocate Rajiv Jindal answered
No, You are responsible for the loan payment. You can proceed legally against the builder for the delay and for not constructing it as per plan and can make a party to the Bank also if the project was approved by the bank.Rajiv JindalAdvocate

Q: Status of second holder in Locker according to father's will

I( Second joint holder) and my late father (first holder) are joint holders in a locker in a bank.Anyone of us could operate it singly. My father was a neuro patient ( undergoing treatment ) for 3 years before his death ( in NOV. 2015 ) About 4 months before his death my brother gave a written application to the bank, on behalf of my fathe , bearing signature of my father and thumb impression of my father, saying that I should be prevented from operating the locker. After the death of my father I came to know that my brother has a will of my father made 3 months before his death , making him the owner of the locker, Previously in September 2002 my father had made a will making me owner of the locker and also all his immovables and movables along with the other things meentioned in the said will. The will with my brother made in 2015 has no mention of this will - or -neither saying that he has made a earlier will in 2002 is cancelled.What is  my legal status over the the Locker?

Advocate Rajiv Jindal answered
Bank may not allow you to operate locker on the strength of the letter signed by your late father. You have to proceed legally to claim contents of the locker. Your brother will not be able to operate the locker without court intervention.Rajiv JindalAdvocate