Kapil Tiwari

My aunt, aged 82 years, owns a flat in Mumbai and proposes to give the same on Leave and License(Rent). She is old and infirm and hence wishes to grant a special power of attorney to her daughter(who also resides in Mumbai).

The scope of the power of attorney would be:

1) to negotiate and finalise leave and license agreements,
2) to appear before the sub-registrar for registration of the leave and license agreements,
3) to receive security deposit and monthly rents and deposit the same in my aunt's bank accounts,
4) to represent my aunt before the housing co-operative society and sign all relevant documents relating to the leave and license.

My query is:
a) Whether such a power of attorney must necessarily be registered, if in Mumbai?
b) What would be the stamp duty applicable, in percentage terms, if the agreement is executed in Maharashtra?
c) Is a "notarised" power of attorney valid and acceptable in a court of law?
d) What do you advise as the most appropriate course of action?

Thanks in advance for your valuable feedback and advice.

Regards/Kapil



Anonymous
10 December 2012 at 16:05

Turnover to be mention in annual return

Our company has crossed turnover of Rs.40 crore at the year end March 2012 and for last 2 years there was zero rupees turnover mentioned in balance sheet, in this regard I want to ask what to be mentioned in annual return under Point g and what more compliance will be required to be done under Company Act



Anonymous

Is it necessary for a Pvt. Ltd. Company to submit the Share Transfer Form of section 108(1A) of the Companies Act 1956 to the Registrar of Companies?



Anonymous
08 December 2012 at 14:38

Munish bhandari

I m a CA FINAL student n my attempt is due on NOV 14. I want to start reading law.. Would buying a new edition of munish bhandari be good?? Or should i wait??



Anonymous
08 December 2012 at 12:03

Any one have esi idea ?

My Question is:-
ESI is to be Calculated on Gross Salary.
What Gross Salary Means ?
Is This Include Total CTC (Because CTC Include Employer Contribution of ESI), so we ned to make Back Calculation.



Anonymous
08 December 2012 at 10:46

Partnership - opening bank a/c

a. Is it necessity to provide a copy of Partnership Deed(registered/unregistered)to open a Current a/c in the name of partnership firm. Is it not sufficient if all the partners sign the opening form and denote in the opening form as to who will operate the a/c?

b. If bank opens an account in the name of partnership firm without the deed, what will happen on death, retirement, admission of a partner?

c. In absence of deed, can bank be sure on the exact number of partners in the firm.

d. Under partnership, act of one partner binds all others. Can two partners open bank a/c and issue cheques and bind 8 other partners in a firm having 10 partners.

e. Please answer point by point


Kanwal Jit Dhaliwal
06 December 2012 at 16:01

Dissolution of partnership firm

1. I and my partner have signed a partnership deed on 09 Nov 2012, which has been duly notarized. The firm has not been registered yet. Due to certain unavoidable circumstances we have decided to dissolve the partnership. The firm does not possess any property or assets. During this period the firm has also not transacted any business and has no outstanding dues. It has not even opened a current bank account. However, Pan Card has been issued.

2. Can you please help me on the following aspects:-
(a)Procedure for dissolution by mutual consent in this case.
(b)Disposal of the Pan Card.
(c)A sample deed of dissolution that would be suitable in the stated context.


SANGITA BISOI

If a citizen of America i.e N.R want to purchase a property in India who is neither NRI not a person of Indian origin nor resident in India, so can acquire a property in India?
If Yes then what are the repatriation effects ?
What are the taxation effects on TRF OF Property?
Please suggest....


RAJU MAL BARDIA
06 December 2012 at 10:46

Company secretary

Sir,in our group we hv 10 pvt Ltd & 1 Ltd companies out of which 2 co.s ( 1 Pvt Ltd plus 1 LTD) having paid up capital is more then Rs.5 crores.So as per co.s act we have to appoint a whole time co. secretary.So our quiry is :-
1.Since all these co.s are under same management and in one group as such whether one whole time co. secretary will be enough for both these co.s

2. or we hv to appoint two seperate whole time co. secretary for ecah of these co.

pls. advice


Sweta Agarwal
05 December 2012 at 17:06

Appointment of company secretary


Hi,

I have a query regarding appointment of Company Secretary in a Company, whereby section and rules do not specify that appointment should be in Board Meeting.

Suppose a CS resigns at Board Meeting, meanwhile company appoints a CS and in next Board Meeting it is possible for the Company just to take note the appointment.






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