Advocate Sudha Swamy

Questions Answered by Advocate Sudha Swamy

Q: Want to start coaching class taken franchise is necessary to register

i have a shop (commercial) on rental basis. I want to run coaching classes in the said shop. I have taken a franchisee. It will be a proprietorship business. I understand that I need to take shop and establishment licence from the local municipality. My question is :- Do I need to registered my business with any authority? Is there GST applicable on such type of business?

Advocate Sudha Swamy answered
yes gst is applicable and you would require shop and establishment license. GST @18% which needs to charged and also needs to be paid. it will be proprietorship firm only but GST can be obtained by entering business name

Q: Procedure to get power of attorney of flat from the son

My son has flat in Thane. He has gone to USA for a project work and will be back next year around December 2018. Can he give POA to me from there. Please let me know the procedure for the same. We are Hindu by religion.

Advocate Sudha Swamy answered
Send the document to the Indian Consulate. If you are submitting the documents in person, you can sign it in the presence of the officer at the Consulate. You should carry your passport as well.The attestation service at any Indian Consulate is provided for Indian citizens only. There is one exception. Documents submitted by applicants of other nationalities will be attested only if there is an 'India' connection. This means that the applicant wants to give this document for a transaction in India or it originates from India.

Q: Can a builder ask for GST on flat booking if booking was made Pre GST

Hi, I have a question regarding investment model adopted in real estate i.e Buyer,Investor & Builder. Full amount of the flat has been paid by the investor against which he has received a letter of allotment in pre GST era (on which service tax has been paid). But now when the builder is selling the flat in GST regime to a customer(investor agrees to it), he wants to transfer the additional amount over and above the investment amount received from the customer to the investor. Please note the construction of flat is complete. Should there be a tripartite agreement, or a cancellation deed and then re-allotment? My ultimate question:What will be the taxation(both direct and indirect) on this additional amount passed by builder to investor?

Advocate Sudha Swamy answered
The builders are expected to pass on the benefits of lower tax burden under the GST regime to the buyers of property by way of reduced prices/ installments. It is, therefore, advised to all builders /construction companies that in the flats under construction, they should not ask customers to pay higher amount of installments inclusive of all taxes to be received after imposition of GST.

Q: Procedure for adding wife's name in sale deed

Hi, I want to include my wife name in sale deed. Can you please let me know the procedure for this? Appreciate your help! Thanks, 

Advocate Sudha Swamy answered
you cannot add your wife name in registered sale deed now2) you can execute gift deed in favour of wife for 50 per cent share in property3) have it duly stamped and registered4) property will reflect name of both co owners

Q: How to transfer property from parents to children

Need to transfer flat from parents to children, both parents are death. Flat in mumbai. Right now staying in pune. How it can be done ?

Advocate Sudha Swamy answered
Firstly you need to apply for heirship certificate with court. after receiving the same you can proceed further. Since the property is of Mumbai the same needs to filed in this jurisdiction. Also proof of your relation with your parents needs to be proved