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Friday 30 June 2017

WILL is not a compulsorily registerable document. But beneficiary claiming under a WILL or a legatee or executor

There are two ways of disposition of property broadly. Testamentary and nontestamentary. WILL is testamentary disposition. All other means are nontestamentary.

WILL is not a compulsorily registerable document. But beneficiary claiming under a WILL or a legatee or executor named in the WILL to when proceed with the WILL would advertise in the newspaper stating that such a WILL has been executed with respect to specific properties mentioned therein and any other holding claim in the said properties may approach the legatee or executor within say one month failing which the properties would be executed as per the said WILL. This is because before executing it has to be confirmed that this is the LAST WILL. If there are no other claimants the WILL along with advertisement can be taken forward for registration with the registry and mutation can be effected accordingly. If there is any other WILL dated post to the advertised one or there is a CODICIL(amendment) the same would be the valid one.

In case of any disputes the same would need to be taken to civil court.
Probate is a document issued by civil court declaring that a particular WILL is the last and final WILL and is valid to be given effect. But according to my understanding only those WILLs executed within the presidency towns need to be probated compulsorily now , others are not.

You may also refer to sec 213 of Indian succession act for further clarifications.

Correct me if I have gone wrong pls.

Thursday 22 June 2017

Advocates under GST

Advocates under  GST

1. Under  GST  services  provided  by advocates are  exempt as  follows. Services provided by

(a) a  partnership firm of  advocates or an individual as an advocate other than a  senior  advocate, by  way  of legal services to- 
(i)  an advocate or  partnership firm of advocates providing  legal services;  
(ii) any  person other than  a  business entity; or  
(iii) a  business entity  with a  turnover up to rupees  twenty  lakh  (ten lakh rupees in a special category  state)  in the  preceding  financial  year; or  

(b) a  senior  advocate by  way  of legal services to-
(i)  any  person other than  a  business entity; or  
(ii) a  business entity  up to rupees twenty  lakh  (ten  lakh rupees in a special  category  state)  in the preceding  financial  year. Therefore, legal services  provided to a  business entity  having  turnover  exceeding  Rs 20 lakhs is not exempt.

2. Under  GST  advocates providing legal service  to any business entity  having turnover exceeding 20 lakhs  are  not  liable to pay GST  but GST  will  be  payable  by business entity under  RCM. under

3.    It  means legal services provided  by Advocates  to  any business entity  having turnover exceeding 20 lakhs    is a  taxable  supply.

4.  Now  we  consider  case of  non-senior advocate. He has  receipts from  legal services as
(a) From  individual advocates/  advocate  firms  Rs 1000000  [Exempt supply]
(b) From  business entities having turnover  below  20 Lakhs Rs 500000  [Exempt supply] (c  )  From  business entities having turnover  above  20 Lakhs  Rs. 1000000  [ Taxable supply but tax payable under  RCM  by business entity]

5. By  definition  “aggregate turnover”  means the  aggregate value of  all  taxable supplies (excluding  the value of inward supplies on which  tax  is payable by  a  person on reverse  charge  basis),  exempt  supplies, exports of goods or services or both and inter-State  supplies  of  persons having the same Permanent Account Number, to be computed on all  India basis  but excludes central tax, State  tax, Union territory  tax, integrated tax  and cess. So in this case  aggregate  turnover of  advocate  will  be  2500000 which is above  the threshold of Rs. 2000000 provided in section 22.

6.  Now  as per  section 22  every  supplier  shall  be  liable to be  registered under theAct in the State or  Union territory, other  than special category  States, from where  he makes a taxable supply  of goods or services or both, if his aggregate turnover in a financial  year exceeds twenty  lakh  rupees.

7.  Since  in the  given  case   advocate is having  aggregate  turnover of  Rs 2500000 and he  makes taxable supply  which is chargeable  under RCM  hence  advocate will be required to take registration under the  Act.

8. Since  they become  registered  person  by virtue  of  section 9(4)  they will be  required  to pay tax under  RCM  on  goods or services procured  from  unregistered  persons.

Auction Sale* – Setting aside of

*Latest Important decision reported in ALL SCR June 2017 part*

*Dt.02/05/2017*

*Auction Sale* – Setting aside of – Relevant considerations – It is not the material irregularity that alone is sufficient for setting aside of the sale – Judgment debtor has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to judgment-debtor in conducting the sale – It is only then the sale so conducted could be set aside under O.21 R.90(2) of the CPC.... *2017 ALL SCR 1080*

Friday 2 June 2017

Heavy costs should be imposed on party making false contentions.*_

_*⭐SC: Heavy costs should be imposed on party making false contentions.*_

_Forged/fabricated contract - False plea of contract being forged/fabricated, action to be taken by Chief Justice or his designate to discourage, while exercising power u/s 11(6) of Arbitration and Conciliation Act._

_Section 19 - Forged/fabricated contract - False plea of contract being forged/fabricated, action to be taken by Chief Justice or his designate to discourage, while exercising power u/s 11(6) of Arbitration and Conciliation Act - If a party is found to have falsely contended that contract was forged/fabricated, Chief Justice or his designate may subject such party to heavy costs so that such false claims are discouraged._

_Case:_
_*Bharat Rasiklal Ashra Vs. Gautam Rasiklal Ashra & Anr.*_

_Citation:_
_*2012 (4) SCV (Civil) 512:*_
_*2011 (6) SLT 556:*_
_*2012 (2) SCC 144:*_
_*AIR 2011 SC 3562*_
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_*Shared by:*_
_*ADV. MAHESH VASWANI,*_
_*MUMBAI.*_
_*Mobile: 9821610888*_
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