Advocate Siddharth Joshi

Questions Answered by Advocate Siddharth Joshi

Q: Need to hire an advocate to file case for cheque bouncing

Hi,Is there any lawyer available to file case for cheque bouncing? Total amount is 78,000/-.

Advocate Siddharth Joshi answered
In order to initiate proceedings under section 138 of Negotiable instrument act. you will have to consider to few things which are as follows. 1. you need to issued a legal notice within 15 days from date of return of memo of return from bank. 2. secondly you need to provide 30 days time to him in order to clear the outstanding amount. 3. Within a period of 15 days from date of end of 30 days from date of issuance of legal notice, you will have to file a complaint before the court.

Q: Limitation For Initiating Arbitration

Is there limitation period to initiate arbitration proceeding.We have to initiate arbitration for a loan contract of 2008.

Advocate Siddharth Joshi answered
In terms of Article 18 and 137 of the limitation act, the Arbitration has to be invoked within 3 years from date of cause of action. cause of action- is to be considered on two stages when there is demand from one side and thereafter denial from the other party. however, a fresh cause of action can arise if there is any part payment of amount or an admission from the other side. do let me know if you have any further query.

Q: I want to know how to save tax after property sell

I want to know how to save tax after property sell

Advocate Siddharth Joshi answered
in order to save tax after selling out your property, the first thing is to be done that you should purchase another property in order to save yourself from paying tax on capital gain. in terms of section 54F you do not have to pay tax on sale of property, if you invest the same to buy a new house. the purchase of new house should be done 1 year before the sale of long term asset or within 2 year of selling it.

Q: Appeal @ NCDRC by HDFC ltd for been asked to pay for damages

HDFC has made an appeal with NCDRC after I was awarded compensation by state comm. FA has been filed by the company. Please guide what should be my course of action.

Advocate Siddharth Joshi answered
first you need to see that whether notice has been issued in the appeal filed by hdfc. if yes, then you should file the vakalatnama of your lawyer and seek time to file the reply. Although you should also file execution proceedings in terms of order passed by state commission in your favour in order to execute the award.

Q: What legal action can be taken against the builder who cheated

I bought a plot in Ayanagar, Delhi through a chain of GPA, the last GPA holder sale the same to me through SPA. 1. Is it right procedure or not can he has power /done this act or not? After some time, I realized that plot fall in Gram Sabha land and SDM of the area already take action in that land for demolition. Now I feel cheated. 2. Can I take action against the seller and if, yes than how? 3. What is proper procedure for the same and how to get my money back with interest? I have notrized (In near Tehsil office in the register of Notrary public with sign and photograph) SPA with signature and printed photograph, thumb impression and witness sign and all above same in Agreement to Sale. I have also Will, Affidavit and Receipt signed and above procedure by both parties i.e. seller and me. What legal action can I take?

Advocate Siddharth Joshi answered
Firstly, I would advise you that transfer of property through through a GPA/SPA is not considered as valid form of transfer of title of immovable property as per judgment Suraj lamps and industries pvt ltd vs state of haryana passed by Hon’ble supreme court of indiaSecondly, i would like to confirm the purpose for which you have bought the concern property. As in order to recover the money from builder we have to approach consumer forum (summary procedure), howeve in order to file our case it is to be confirm that you purchaser the concern property for residential purpose.In order to futher suggest you, i would need to go through the documents pertaining to flat sold to youIn case you have any further queries, do let me know