Advocate T. V. Laxmikantham

Questions Answered by Advocate T. V. Laxmikantham

Q: Building charging extra amount on flat purchased as service tax

Dear Sir, I am from Hyderabad , i have purchased a flat and my registration was done on April 10th 2017 . Now the builder is asking me to pay 2 lakh rupees as service tax . Could you please advise. 

Advocate T. V. Laxmikantham answered
after registration of flat the question of paying service tax to the builder does not arise. to extract the money only he is asking you to pay the service tax. there is nothing like provision to pay the service tax to builder after the registration is done.

Q: Right of my mother over her father's property after his death

Hello sir/madam, My mom is 65 years old. She is the eldest and only daughter with 4 brothers. Both my grandparents have expired, my grandfather in 2004. He has a house in 400 yards area which my uncle's are planning to sell now and are not interested in sharing it with my mom. According to them she is not eligible for a share. Is it true? Please suggest. 

Advocate T. V. Laxmikantham answered
she has absolute right in that house she can ask for the share in the the said property apart from the said property if your grandfather has any other properties also she can ask for share in those properties.

Q: Wants to claim share in grandfather property which was given to uncle

Grandfather's property after he died with no will for his property, grandmother gifted to her younger son after her elder son death. Now am the son of her elder son, how can i claim for my grandfather's property.

Advocate T. V. Laxmikantham answered
you have absolute right on the property, your grand mother has no right to gift the property as this is not her own acquired property. in the ancestral property every grand child has a right of share as they are the co-parceners, thus you can claim the share in the property.

Q: Wants to know the eligible person to whom i can gift my property

Gift Deed - I am Hindu. I have an apartment in Hyderabad.To whom I can gift my property?

Advocate T. V. Laxmikantham answered
in your question you did not mentioned that you only purchased that apartment or it is devolved from you ancestor. if it is purchased by you and you have right to gift anybody, if it is devolved from the ancestor you can not gift it.

Q: Necessity to give maintenance ,full and final settlement already done

Actually my dad married a women in 1982.He found her having an illegal relationship with some other guy.So my dad had taken divorce from her in 2005 by paying full and final settlement that of Rs1,50,000 with flat also.And made an agreement that she did not claim any furthur benfits and she did wanted to have any relation from him.although those bonds are brought by her only.i that bond 4 witness are present those are also our side....now she filled a case for maintainence.is it necessary to give maintainence when full and final settlement happend also?my question is what type of judgement will possible to this case?

Advocate T. V. Laxmikantham answered
whether your father has taken divorce from court or has executed the bond before the local elders that is unclear if your father has taken divorce from the court it is valid and she can not claim any maintenance. if not she has right.