- On assumptions if there is an increase of One point of CPI in the month of June'21. Keeping in view on going increase in fuel price and prices of other commonly required items which has made more and more difficult to manage family budget in the present covid crises. Accordingly, om this assumption we may expect there would be an increase of 30 slabs and the total tentatively revised DA slabs would be in terms of 11th BPS total tentatively revised DA slabs would be 397 i.e. 27.79% and in terms on 10th BPS the total DA slabs would be 875 slabs i.e. 87.50%.
- On assumptions if there is an increase of 0.80 points in CPI in the month of June'21. On the basis of this assumption, we may expect there would be an increase of 29 slabs and the total tentatively revised DA slabs would be in terms of 11th BPS total tentatively revised DA slabs would be 396 i.e. 27.72% and in terms on 10th BPS the total DA slabs would be 874 slabs i.e. 87.40%.
- On assumptions if there is an increase of 0.50 points in in CPI in the month of June'21. On the basis of this assumption, we may expect there would be an increase of 27 slabs and the total tentatively revised DA slabs would be in terms of 11th BPS total tentatively revised DA slabs would be 394 i.e. 27.58% and in terms on 10th BPS the total DA slabs would be 872 slabs i.e. 87.20%.
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Wednesday, June 30, 2021
Bank Employee / Officer Expected DA Payable w.e.f - Aug'21 to Oct'21 Minimum 27 slab and Maximum 30 slab
Tuesday, June 29, 2021
Procedure to Obtain a Legal Heir Certificate
Legal Heir Certificate
In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.
Uses of a Legal Heir Certificate
A legal heir certificate identifies the rightful successor who then can claim the assets/properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.
Legal heir certificate is required for the following purpose
- For transferring properties and assets of the demised person to his successors.
- For claiming insurance.
- For sanctioning and processing family pension of the deceased employee.
- To receive dues such as provident fund, gratuity, etc. from the government
- To receive salary arrears of the deceased, state or central government employee.
- To gain employment based on compassionate appointments.
Generally, for any property purchase or registration, the buyer should request for a legal heir certificate to ascertain the ownership of the property. There can be instances, where there are several legal heirs for an ancestral property and in such cases, it is required that all legal heirs sign on the deed of conveyance giving their approval to avoid any litigations.
Who Can Apply For A Legal Heir Certificate
The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:
- Spouse of the deceased.
- Children of the deceased (son/ daughter).
- Parents of the deceased.
Procedure to Obtain a Legal Heir Certificate
Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate are stated below:
- The legitimate heir of the deceased person must approach the appropriate authority in the respective area and ask for the legal heir certificate application. The applicant must fill the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased and addresses of the family members.
- All the required documents including the death certificate of the departed person should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
- An affidavit on stamp paper or self declaration has to be submitted along with the application.
- Revenue Inspector/administrative officer conducts an inspection and completes the enquiry.
- Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.
The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should then approach the Revenue Division Officer(RDO)/sub-collector.
Documents Required For Obtaining a Legal Heir Certificate
In order to obtain a legal heir certificate, following is the list of documents required:
- Signed application form.
- Identity/Address proof of the applicant.
- Death certificate of the deceased.
- Date of Birth proof of all legal heirs.
- A self-undertaking affidavit.
- Address proof of the deceased.
Note:
- Identity Proof of Applicant can be voter’s ID, Aadhaar Card Driving License, Passport or any other government-issued identity card.
- Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir
- Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport etc.
Difference Between a Legal Heir Certificate And Succession Certificate
A legal heir certificate is different from a succession certificate, a succession certificate is generally issued by the civil court and there are separate procedures to obtain the same. Major differences between these two certificates are listed below:
- Legal heir certificate usage is limited to certain matters such as claiming employee benefits of the deceased, insurance claims, property registration etc.
- A legal heir certificate is not conclusive proof under the law of succession in India.
- With respect to the settlement of any property which is disputed or under court litigation, a succession certificate is vital.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Legal heir or Nominee? Who is the rightful owner?
The Indian Judiciary has time and again been confronted with the contentious issue whether the rightful ownership of asset (including shares/securities, properties etc.) rests with the legal heir or nominee? The obscurity pertaining to this legal aspect has compelled nominees and legal heirs to knock the doors of justice which has resulted in settling the legal principle that nominees only hold the assets on behalf of the legal heirs of the deceased and that mere nomination of shares does not amount to beneficial ownership of an asset.
What does the law say?
The provisions governing the law relating to nomination of shares and the power to nominate are enumerated under the Companies Act.
Nomination of Shares- Section 109A of the Companies Act, 1956 provides for the nomination of shares and states that where a nomination made in the prescribed manner purports to confer on any person the right to vest the shares in, or debentures of, the company, the nominee shall, on the death of the shareholder become entitled to all the rights in the shares or debentures of the company to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. Section 109B of the Companies Act provides for transmission of shares.
The statutory provisions under Section 109A and B were elaborately discussed by the Division Bench of the High Court of Bombay in the case of Shakti Yezdani v. Jayanand Jayant Salgaonkar , wherein the Court while interpreting the provisions was of the view that the nominee of a holder of shares or securities appointed under Section 109A of the Companies Act, 1956 is not entitled to the beneficial ownership of the shares or securities subject matter of nomination to the exclusion of all other persons who are entitled to inherit the estate of the holder as per the law of succession. Thus, the High Court held that nomination does not override the law in relation to testamentary or intestate succession. The provision regarding nomination are made with a view to ensure that the estate or the rights of the deceased subject matter of the nomination are protected till the legal representatives of the deceased take appropriate steps .
Judiciary’s Stance
Recent order by NCLAT- rightful ownership of shares remains with the legal heir and not the nominees-Oswal Greentech v. Mr Pankaj Oswal and Ors.[1]
Brief facts: In this case, the deceased namely Mr. Abhay Oswal held majority shares in Oswal Agro Mills Limited. The deceased had filed nomination in favour of one, Mrs. Aruna Oswal (nominee). After the death of deceased, the nominee filed request for registration of the impugned shares in her favour and the Company accordingly transferred the shares in the name of nominee. Thereafter, Mr. Pankaj Oswal (hereinafter referred to as ‘legal heir/ representative’), approached the National Company Law Tribunal (‘NCLT’) and contended that the transfer of shares to the nominee was in contravention of the law. The NCLT considering the above, held that the petition was maintainable. Aggrieved by the decision of the NCLT, the Company approached the NCLAT.
NCLAT’s order: The NCLAT passed an order in favour of the legal heir to hold that the shares of the deceased ultimately vest with the legal heir. The nominee appointed by the deceased is in possession of the shares only till the ownership is not transferred to the legal heir.
“The right arising out of an instrument does not vest with nominee automatically on the death of the original holder of the instrument. Nominee does not mean that the amount or the share belongs to the nominee. On the death of the holder of the instrument, the amount/ share vests with the legal heirs, the nominee merely holds the amount/ share herein till the matter of vesting is decided in favour of the legal heirs.”
It was further noted by the Appellate Tribunal that nominees only hold the assets on behalf of the legal heirs of the deceased and that mere nomination of shares does not amount to beneficial ownership of an asset.
The Courts have time and again reiterated that the legal heir and not the nominees have the rightful position to obtain ownership of the assets of the Deceased. In another case of Smt. Sarbati Devi and Anr. V. Smt. Usha Devi, the Hon’ble Supreme Court has held that a nomination cannot be given the same position as that of a will. Nomination and will are two different concepts and nomination could not be given the same legal status as that of a will. A nominee could not be considered as owner of a property. Mere nomination does not bestow beneficial ownership of assets to the nominees.
Other similar judgments on the issue are Uma Sehgal and Ors. vs Dwarka Dass Sehgal And Ors. , wherein the High Court of Delhi remarked that a nominee is nothing but a person who receives the payment on behalf of the heirs of the assured. Similarly in the case of Shipra Sengupta vs Mridul Sengupta & Ors. , the Supreme Court held that the amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with law of succession governing them. In other words, nomination does not confer any beneficial interest on the nominee.
Exceptions to the Rule
Laws of Insurance- In catena of cases, it has been held by different High Courts that under Section 39 of the Insurance Act, the nominee is nothing more than an agent to receive the money due under the life insurance policy and that the money as such received remains the property of the assured during his life time and on his death forms part of his estate subject to the law of succession applicable to him .
However, the Legislature enacted the Insurance Law (Amendment) Act, 2015 which while altering the earlier settled position under the Laws of Insurance states that where a policyholder dies after the maturity of the policy but the proceeds and benefit of his policy has not been made to him because of his death, in such a case, his nominee shall be entitled to the proceeds and benefit of his policy .
RBI Circular- The Reserve Bank of India’s Master Circular on Nomination facility for Relief/Savings bonds provides that a the holder of a Relief/Savings bond, may nominate one or more persons who in the event of death of the holder would be entitled to the Relief/Savings bond and to the payment thereon.
Key Take Away
The highly speculated law has been set to rest by the decision of the Courts and Tribunals and it is now abundantly clear that the legal heir is the rightful owner of property of deceased and that the nominee only holds the property “in trust” and that the legal heir is free to make a claim over the property against the nominee. However, many a times the concept of nomination in matters of inheritance and succession leads to misunderstanding, on account of which nominees often end up making wrong claims of ownership of property of the deceased. In order to avoid such conflicts within the family it is always recommended that a person has a well planned Will in which he/she clearly sets out the terms of succession and nomination.
MUST READ Unbelievable & SHOCKING INFORMATION
Monday, June 28, 2021
Frequently Asked Questions on IBPS RRB PO and Minimum cut off marks
Frequently Asked Questions on IBPS RRB PO
Q 1. Is the IBPS RRB PO exam tough?
Q 2. Is there sectional cut off in the IBPS RRB PO exam?
Q 3. Is the IBPS RRB PO exam conducted online?
Q 4. Can I apply for the IBPS RRB Officer Scale I exam offline?
Q 5. How many vacancies have been released for the IBPS RRB PO 2021 exam?
Q 6. What is the eligibility criteria to apply for the IBPS RRB PO post?
IBPS RRB PO Preparation
The IBPS RRB Officer scale I exam is one of the most sought after exams in the country and aspirants across the country look for an opportunity to become a part of the Organisation.
Aspirants can check the Tips To Prepare for IBPS RRB exam at the linked article to get the best strategies to ace the PO scale examination.
Given below are a few tips that may help candidates prepare for the IBPS RRB PO exam 2021:
- Strategise a study plan and follow it
- Solve mock tests and practise papers on a regular basis
- Pay equal attention for preparation of each topic under each section
- Refer to the previous year question papers to understand th exam better
- Also referring to the exam analysis may prove to be of great help.
IBPS RRB PO Prelims Cut Off 2020-21 | ||
State Name | Cut-off | |
Gen | OBC | |
UP | 47 | 46.75 |
J& K | 52 | — |
Rajasthan | 66 | 66 |
Gujarat | 59.75 | 59.77 |
Andhra Pradesh | 52.75 | — |
Odisha | 62.75 | — |
Jharkhand | — | 54 .25 |
Haryana | 60.50 | — |
Bihar | 48 | — |
Maharashtra | — | 47.25 |
Tamilnadu | — | 54 |
Chhattisgarh | 43.25 | — |
West Bengal | 52 | — |
Given below is the state-wise IBPS RRB Officer Scale I cut off 2019 and 2018 for the Prelims Examination:
State-wise IBPS RRB Cut Off Prelims – Officer Scale I | ||
State Name | Year (UR Cut Off) | |
2019 | 2018 | |
Andhra Pradesh | 58.50 | 52.50 |
Assam | 41.50 | 29.25 |
Bihar | 58 | 45 |
Chhattisgarh | 55.50 | 53.50 |
Gujarat | 43.50 | 48.25 |
Haryana | 64.50 | 57 |
Himachal Pradesh | 59.75 | 57.95 |
Jammu & Kashmir | 55.25 | 47.25 |
Jharkhand | 59.5 | 55.00 |
Karnataka | 46.25 | 44.25 |
Kerala | 61 | 57.50 |
Madhya Pradesh | 54.70 | 51.35 |
Maharashtra | 56 | 47.50 |
Punjab | 63.50 | 54.75 |
Odisha | 55.75 | 50.50 |
Rajasthan | 58.50 | 50.50 |
Tamil Nadu | 55.25 | 43.25 |
Telangana | 54 | 45.25 |
Uttar Pradesh | 58.75 | 50 |
Uttarakhand | 65 | 54 |
West Bengal | 55.25 | 48.50 |
Given below is the state-wise IBPS RRB PO Mains cut off:
State-wise IBPS RRB Cut Off Mains – Officer Scale I | ||
States | Year (UR Cut Off) | |
2019 | 2018 | |
Arunachal Pradesh | 66.56 | — |
Andhra Pradesh | 79.81 | 89.31 |
Bihar | 86.25 | 81.69 |
Chhattisgarh | 84.94 | 103.89 |
Gujarat | 55.19 | 86 |
Haryana | 92.19 | 100.86 |
Himachal Pradesh | 91.06 | 99.50 |
Jammu & Kashmir | 93.88 | 91 |
Jharkhand | 91.13 | 92.63 |
Karnataka | 57.44 | 82.75 |
Kerala | 95.69 | 92.75 |
Madhya Pradesh | 82.56 | 97.06 |
Maharashtra | 54.75 | 85.25 |
Manipur | 68.63 | 59.88 |
Meghalaya | 63.94 | NA |
Mizoram | 92.94 | 70.25 |
Nagaland | NA | 76.63 |
Odisha | 80.13 | 86.38 |
Puducherry | 91.19 | 65 |
Punjab | 99.19 | 99.81 |
Rajasthan | 88.69 | 91.38 |
Tamil Nadu | 86.00 | 58.56 |
Telangana | 71.56 | 81.63 |
Tripura | 60.44 | 78.69 |
Uttar Pradesh | 87.81 | 89.69 |
Uttarakhand | 102.81 | 100.13 |
West Bengal | 87.44 | 92.06 |
Assam | 74.56 | 83. |
TAX SAVINGS U/S 80G
If you have already exhausted the Rs1.50 lakh limit investment under section 80C, also bought a health insurance policy, made an additional contribution to NPS(u/s 80CCD), you still have ways and means to reduce your tax liability. You can save tax using the deductions available under section 80G of the Income Tax Act. Section 80G of the I-T Act allows donations made to specified relief funds and charitable institutions as a deduction from gross total income before arriving at taxable income. Not only you are contributing to a noble cause, but this section will also help you to reduce considerable tax liability.
For example, Mr.Ram’s taxable income for the current financial year arrived at Rs 505000 after his Gross Total Income minus (i) all exempted incomes, (ii) long-term capital gains and, (iii) all deductions under section 80C to 80U except for 80G. Therefore, Mr.Ram is liable to pay an income tax of Rs 14040 as his taxable income exceeds Rs.5 lakh. Suppose Mr.Ram donates Rs.5000 to a specified Charitable Trust, his taxable income reduces to Rs.500000.Now Ram is entitled to claim a tax rebate of Rs. 12,500 under section 87A as his income does not exceed Rs 5 lakh. Thus his taxable income becomes Nil and he saves tax liability of Rs 14040 by donating Rs 5000.
The amount of donation which can be claimed as a deduction under section 80G is governed by certain income tax rules. The tax-payers can claim either 100% or 50% of the amount donated as a deduction subject to ‘With’ or ‘Without’ the upper limit as provided under section 80G.
The Prime Minister’s National Relief Fund, National Defence Fund, Chief Minister’s Relief Fund or Lieutenant Governor’s Relief Fund with respect to any State or Union Territory, Swachh Bharat Kosh (applicable from FY 2014-15), Clean Ganga Fund (applicable from FY 2014-15), and National Fund for Control of Drug Abuse (applicable from FY 2015-16) are some examples of funds set up by the central government on which ‘without upper limit’ and 100% deduction clauses are applicable. An Individual can claim a deduction on 100% of the amount donated. The Donations Eligible for 50% Deduction ‘Without Qualifying Limit’ are Jawaharlal Nehru Memorial Fund, Prime Minister’s Drought Relief Fund, Indira Gandhi Memorial Trust, and Rajiv Gandhi Foundation.
Deduction on donations ‘With upper limit’:
Donations made to certain institutions where the ‘With upper limit’ clause is applicable then deduction can be claimed as either 100% or 50% (whichever is permitted for that specific entity) of 10% of the Gross adjusted income of the individual*.
Donations to the government or any approved local authority, institution, or association to be utilized for the purpose of promoting family planning, donation by a Company to the Indian Olympic Association, or to any other notified association or institution established in India for the development of infrastructure for sports and games in India, or the sponsorship of sports and games in India are eligible for 100% claim of deductions subject to 10% of Adjusted Gross Total Income. Other institutions or funds which satisfy conditions under section 80G (5) are eligible for 50% claim of deductions subject to 10% of Adjusted Gross Total Income. Any corporation referred to in Section 10(26BB) for promoting the interest of the minority community,and for repairs or renovation of any notified temple, mosque, gurudwara, church or other places are a few examples which falls under this category.
*Gross Adjusted income for this purpose is calculated as Gross Total Income minus (i) all exempted incomes, (ii) long-term capital gains and, (iii) all deductions under section 80C to 80U except for 80G.
Sunday, June 27, 2021
DIVORCE CASE FILED BY A BANKER'S WIFE*
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