About Experts Sitemap - Group 30 - Page 4 2014-09-16

Indian Law: Eligible to access my ancestor property, reply thanks, gift deed
reply thanks, gift deed, property question: Dear Subramanian, Unless you take the first step, you wont get anywhere. In todays world your own children will not offer you a glass of water if you don t ask them, forget your own uncle. If conditions in the previous answer are satisfied, then your...

Indian Law: Employee attrition, employee attrition, attrition rates
employee attrition, attrition rates, private limited company: Dear Sreekanth There are no relevant provisions in labour laws that can prevent the employees from leaving you.What is required is an effective execution of the bond agreement, that is you have to take harsh legal steps including filing of the case against...

Indian Law: Employee bond, acknowledgment letter, costly litigation
acknowledgment letter, costly litigation, santhosh: Dear Santhosh Kumar It was a real mistake to give your SSLC certificate as security. Anyway I would feel the best way out is to negotiate with the company.Otherwise you may have to go in for costly litigation which in your case will be very weak as you...

Indian Law: Employer not relieving, relieving letter, probation period
relieving letter, probation period, appointment letter: Dear Mr. Goyal, Attrition nowadays, from being an unhealthy trend, has emerged as a healthy and balancing factor in Industrial Growth and competition. It is sad that sometimes companies do not respect an employee s right to quit, though on their own part...

Indian Law: What should a emploer collect as a proof of saly issued, information technology act, reserve bank act
information technology act, reserve bank act, necessary amendments: Dear Balajee Your client has raised a valid point. When all transactions are done electronically, do you require an acknowledgment in paper? Yes, there are enactments that protect, validate and legalize all transactions done digitally. The act is The Information...

Indian Law: Family issue, Abuse by husband and inlaws. Legal options before the wife
Abuse by husband and inlaws. Legal options before the wife: Dear Suniti On the onset let me tell you that it is one of the cruelest things to abuse ones wife. The law takes such cases very seriously. Anyway coming to your question, my answer is that you have a wide range of options at your disposal. If you are subjected...

Indian Law: Family matter..., muslim law, relevant bills
muslim law, relevant bills, muslim man: 1) As the property was in your wife s name, automatically after she dies, your children acquire the right in the property as her legal heirs. It is immaterial who has paid for the property.You need to get your children s permission before you can sell the...

Indian Law: Notice Pay recovery, contract appointment, appointment letter
Indian Law: Notice Pay recovery, contract appointment, appointment letter, notice period

Indian Law: Reg. Property Devidation between two wives son., mothers father, grand mothers
Indian Law: Reg. Property Devidation between two wives son., mothers father, grand mothers

Indian Law: service agreement and surety bond, stamp papers, notary
Indian Law: service agreement and surety bond, stamp papers, notary

Indian Law: sole ownership to joint ownership, case laws
Indian Law: sole ownership to joint ownership, case laws

Indian Law: guidance needed, lessee, occupant
lessee, occupant, thanks in advance: Once land has been ceded under lease the occupant would always remain a lessee. Unless he stops paying rent to you and starts asserting himself openly as the owner of the property. Since that stage has not arrived your property is safe and long occupation...

Indian Law: HINDU SUCESSION AMENDMENT ACT 2005, claim benefit, retrospective effect
claim benefit, retrospective effect, final decree: Dear Sahadev The amendment act of 2005 does not have retrospective effect. Hence as your suit is of the year 1998, you cannot claim benefits under the amendment act. It is more so as I can collect from your question that the interim decree is already passed...

Indian Law: house agreement release, legal heirs, sole beneficiary
legal heirs, sole beneficiary, evidence act: Hello Mrs. Bangera, Technically speaking the Bank can insist upon the 7 year period as under the Indian Law (Section 108 Indian Evidence Act), a person is presumed to be dead when he is missing for more than 7 years. In this case since your father is the...

Indian Law: What our Indian Law says about Night Shift, transport insurance, health policies
transport insurance, health policies, night shift: Hello Bramwell, There is no specific law that relates to allowance for working in night shift, transport, insurance and health policies. It is the specific covenant as per the policies laid down by the company in providing the allowances, transport assistance,...

Indian Law: Indian Passport, registrar of births deaths, registrar of births
registrar of births deaths, registrar of births, births and deaths: Hello Soumya, I am afraid, IT PAN card would not be acceptable. Please refer to the Guidelines in this matter at http://passport.gov.in/cpv/Instructions4.htm . Relevant portion of these guidelines is quoted below : Proof...

Indian Law: Legal heirship clarity, legal heirs, hindu succession act
legal heirs, hindu succession act, deceased son: Hello Sunil, Presuming that this is an academic question, i answered it a bit late. Assuming that the Husband and Wife are Hindus and have died without having made any will, the Hindu Succession Act 1956 would be applicable. Section 8 of the Act...

Indian Law: Name Change, spelling change, minor spelling
spelling change, minor spelling, official gazette: Dear Tushar Prajapathi The process of name is generally different in different states. Generally you have to apply for publication in official gazette by paying the requisite fees and submitting the application with the official press. Ones the same is published...

Indian Law: Name change in Birth Certificate, global boundaries, births and deaths
global boundaries, births and deaths, registrar of births: Dear Mr. Parmar, In todays world a lot of importance is being attached to the correct identification of a person. Global boundaries have virtually disappeared and individuals are scanning the Globe frequently. You never know in which part of the World your...

Indian Law: Name on Passport., passport agent, passport verification
passport agent, passport verification, graduation degree: Hello Riddhi, Your passport agent is correct. Please ensure that your passport bears the same description as in your birth certificate and other certificates. A PAN card is not an acceptable document for the purpose of passport verification, therefore you...

Indian Law: Non-payment of salary and final settlement after resignation., relieving letter, contractual law
relieving letter, contractual law, experience certificate: Dear Senthilnathan You have not stated weather there is any notice period in your employment contract. If there is a notice period and if you have not served the same, then you are not entitled to get your balance salary and the relieving letter. If you have...

Indian Law: Notice Pay recovery, probation period, ambat
probation period, ambat, confirmation letter: Dear Somesh First off, let me state that the terms and conditions of your employment will be governed as per the employment contract. Having said that, generally such contract will have a clause which states that if you are in probation period, then even...

Indian Law: need guidance, revenue stamps, mortgage deed
revenue stamps, mortgage deed, tenancy agreement: Dear Boopal It is always advisable to have the tenancy agreement renewed every 11 months. That will avoid unnecessary demands and claims from the tenants. But make sure that when you sign the agreement you have sufficient clause to make the tenant vacate...

Indian Law: ownership flat law, hindu succession act, brother and sister
hindu succession act, brother and sister, clarifications: Hello Mrunal, As per section 8 of the Hindu Succession Act, the property of your father would devolve equally upon his widow and children. You, your siblings and your mother each have 1/4 share in the property. After your mothers death, As per Section...

Indian Law: Property, Joint, Family
Joint, Family, Property: Hello Divya, The concept of joint family property applies where the members of the family have their business and income in common. Where any property is acquired from such joint income the property so acquired falls in the common pool. But the law also...

Indian Law: partition of property, gift deed, exact nature
gift deed, exact nature, son and daughter: Hello Anthony, Praise the Lord! First, if the property was the self acquired property of your vendor s (seller s) father then in that case how can a partition deed be executed by him in favour of his son. Only that property which is jointly owned by two...

Indian Law: property matter, clinical psychologist, coopration
clinical psychologist, coopration, elder brother: Dear Sister, Get up and going. You have been tremendously blessed by God. Rs. 10300 per month, Whoa!!! thats a big amount. You are not dependent on anyone for your financial security. Give thanks to God that he gave you an opportunity to study and obtain...

Indian Law: Question about Land possession., district magistrate, mom dad
district magistrate, mom dad, society president: Dear Akhilesh As you have already won the case, you can ask the municipality to demarcate the land and hand over the possession to you. If they do not relent, you can give a petition to the District Magistrate (Collector) to have the possession of the land...

Indian Law: Two Questions..., Insurance, Policy
Insurance, Policy, Nomination: Hello Mr. Khan, Answers to your questions are in seriatim: 1) Regarding nominations in the Insurance Policy. It would be profitable to quote certain portions from a judgment of the Supreme Court of India on this issue. AIR 1984 SC 346, Smt. Sarbati...

Indian Law: Reg. Property Devidation between two wives son., hindu marriage act, hindu succession act
hindu marriage act, hindu succession act, void marriage: Dear Mr. Singh, As per Section 16 of the Hindu Marriage Act, there is no difference between children born out of the first maarriage and the second marriage. All children whether of 1st wife or 2nd wife have equal rights in the property of the father....

Indian Law: Resignation Notice during Bond, resignation notice, john dear
resignation notice, john dear, employment contract: Dear John I find the company s policy and the stand taken by them to be ridiculous to say the least. In your contract, from the information that you have provided, I can collect that you had agreed to serve 2 years and your two years will be over in the month...

Indian Law: regarding birth cert, birth registration, indian embassy
birth registration, indian embassy, birth certificate: Dear Rajesh You need to register your birth within 15 days and then a birth certificate will be issued. It is imperative in law to have the births registered. If you do not have a birth certificate, you ought apply with the local authority for issuance of...

Indian Law: Salary Payment Delays for 3 months, claim petition, salary payment
claim petition, salary payment, payment delays: Hello Jiyaji, For the services rendered you are entitled to the payment of salary by your employer and since there is a delay in payment of the salaries for three months now, you have the option of filing a suit for recovery of the amount or alternatively...

Indian Law: Search Name in Gazette, gazetteer, government printing
gazetteer, government printing, dear friend: Hello Ravi, Mumbai Gazetteer is not online, had it been your problem would have been solved instantly. However, you would have to contact the Gazetteer. A working address is below : DIRECTORATE OF GOVERNMENT PRINTING AND STATIONERY, ...

Indian Law: Service Bond, indian constitution, contract act
indian constitution, contract act, case laws: Dear Siddharth I have to again clarify that the service bond agreements are valid and legal. You are right that Articles of the Indian Constitution assures the right to life as the fundamental right. But those articles will not help you in any way because...

Indian Law: service agreement and surety bond, surety bond, stamp paper
surety bond, stamp paper, amicable settlement: Yes, bond agreement are legal and they can be enforced. Hence the company can take legal action against you and your surety if you break the terms and conditions of the said agreement. Your only way out is to negotiate with the company and negotiate for an...

Indian Law: sHARE ON MOTHERS PROPERTY, maintaince, sudheer
maintaince, sudheer, first wife: Dear Sudheer As your father had bought the property in his first wife s name, it ought to be considered as her self acquired property.You cannot claim any right over the property when she is alive.Even after her death, only after exhausting all her near relatives...

Indian Law: sole ownership to joint ownership, legal heir, seamless transfer
legal heir, seamless transfer, sole ownership: Dear Ramkrishnan Ji, From your questions I feel that you have a scholastic inclination. It is good. In fact my gratification for being a volunteer on this forum is the opportunity to keep my mind sharpened through interesting questions offered by people...

Indian Law: sur name, graduation certificate, himanshu
graduation certificate, himanshu, conclusive proof: To initiate the change to the name, you have to publish in the same in the Government Gazette after paying the requisite fee and after filling the requisite form. You will get form in the official press. Ones the name change is published in the official gazette,...

Indian Law: Can a company foree his employee to sign bond?, police complaint, seo company
police complaint, seo company, mba: Hi Ethan, you must immediately send a legal notice to your employer demanding release of your documents. When at the time of entering into service you did not sign or execute any bond there is no question of doing one now. I your employer does not respond...

Indian Law: Inheritance Law, hindu succession act, daughter widow
hindu succession act, daughter widow, inheritance law: Hello Abhishek, The estate of the deceased is inherited by virtue of Hindu Succession Act and is automatic if there are no other claimants to the estate. The property of a male Hindu dying intestate shall devolve according to the provisions of the Hindu...

Indian Law: MoU validity, constitution bench, limitation act
constitution bench, limitation act, scw: Hello Sister, In India, generally, in contracts for sale of immoveable property time is not the essence of the contract. As per the opinion of supreme court (Constitution Bench Judgment Chand Rani v. Kamal Rani, 1993 AIR SCW 1371 : AIR 1993 SC 1742) time...

Indian Law: need guidance, land utilization, tamilnadu
land utilization, tamilnadu, 3 years: Dear Boopal It is not a good idea to have an unapproved land in your possession. It will put you great difficulty.You will not be able to dispose it even. But every problem has a solution. What you have to do is to apply to the revenue or concerned department...

Indian Law: Property law, claimant, father mother
claimant, father mother, caste: Hello Rohan, The fact that the property you are living in belongs to two people, your father and his mother. If the sale deed of this property has distinguished sharing, then the share of your grandmother has to be given to her. If she settles her share...

Indian Law: passport correction, application of passport, passport office
application of passport, passport office, ambat: Dear Ricky As the mistake is clerical in nature, you can file an application to have the mistake rectified along with the passport in the passport office. The same shall be rectified. You need only to pay the procedural fees. You can have the entire details...

Indian Law: Resigning during probation, with no notice perio,d, relieving letter, induction training
relieving letter, induction training, lieu of notice: Hi SAM, If your contract with your employer does not mention anything about 3 months salary in lieu of notice then you are not liable to make payment of 3 months salary. Anyways, it appears that you were still a probationer when you resigned, therefore...

Indian Law: Salary not paid in case of leaving, no notice period contracted, formal resignation, appointment letter
formal resignation, appointment letter, oral notice: Hello Kapil Garg, If there is no agreement/contract for hiring your services and in your appointment letter there is no mention with regard to the leaving the organization you need to look into the HR policy if there is any specific covenant that you are...

Indian Law: Service Bond Break, initial salary, appointment letter
initial salary, appointment letter, reply thanks: Dear Monica In my opinion I would advice you to send a reply notice. It is because if they file a case against you, you will be that you have already taken a stand and replied to their notice. Otherwise if you do not reply, it will be as if you are accepting...

Indian Law: Torture at home for falling in love with a christian guy, writ of habeas corpus, judicial magistrate
writ of habeas corpus, judicial magistrate, physical torture: Dear Paul George The best way to get her out of her house is to file a petition before the court of the Honorable Chief Judicial Magistrate stating that she has been falsely imprisoned by her father and seeking her release and production before the Honorable...

Indian Law: Urgent Query, urgent query, conjugal rights
urgent query, conjugal rights, shilpi: Dear Shilpi First off let me clarify that it is not the complaint but a petition under Sec-9.The case is civil in nature. Now if the court allows the petition and ask you to reside with your husband, your husband cannot force you to live with him. That means...

Indian Law: Absconding Employee, unauthorized absence, notice period
unauthorized absence, notice period, sudhir: Dear Sudhir Kamath You have not stated weather the company has accepted the buying out of the notice period of 20 days by the employee. If the company accepts the buying out, then they cannot later on declare the employee as absconding. An employee can only...

Indian Law: Agreement expiry, advance money, breaches
advance money, breaches, damages: Well, it depends on the terms of the agreement and who has breached the same. If it is the person who has breached the contract, then legally he is not entitled to enrich himself illegally at the cost of others. But generally if the opposite party breaches...

Indian Law: breaking a service agreement, experience letter, offshore india
experience letter, offshore india, working in usa: Hello Saravana Babu, You left the offshore assignment without anything in writing from your employer that you are allowed to leave the project. This will come in your way to establish that you followed the exit policy and not liable to pay the amount covered...

Indian Law: Changing name, register of births, dm office
register of births, dm office, delhi govt: You can have your name change at the place where in you are having your permanent address. But do ensure that after such a publication, relevant changes are effected in your certificate and also in the register of births at the place where in you were born...

Indian Law: Clarification on Second Passport, second passport, yyyy
second passport, yyyy, clarification on: Dear Kaurnashankar It seems it is only a small mistake. Any way as you have the passport, you ought to give the same along with the application to correct the mistake along with the prescribed fees. The error will be corrected. For more clarification and...

Indian Law: Company not allowing Relieving Letter, relieving letter, critical juncture
relieving letter, critical juncture, head mistress: Dear Amit Yours is a very complicated matter and I do not know if this is the right forum to give an appropriate answer. Anyway I will try to answer under the limited circumstances so allowed here. Anyway, let us first analyze your problem in short. You...

Indian Law: dispossession from property, money transaction, blood sister
money transaction, blood sister, property documents: Hello Mira, You can lay your claim for specific performance of an oral agreement which according to you was for the ground floor and you sent money for construction of the house. If you can establish that the amount sent by bank drafts and cash was towards...

Indian Law: Ex-Employerr sends recovery notice after a month without any correspondence in this regard, probation period, miss understanding
probation period, miss understanding, hr dept: Hello Meenu, You have an interesting story to say. I like your writing. As for the concept of employment is concerned, it is under a contract called services agreement which the employee signs at the time of making for gainful employment for the hired...

Indian Law: Last employer not giving relieving letter., relieving letter, appointment letter
relieving letter, appointment letter, notice period: Dear Deepak In your case as the employment contract does not mention any thing about buying out your notice period, it will act against you and it is purely the management s decision weather to accept or reject your resignation. You cannot pay the month s...

Indian Law: Family u/s 128, newborn child, right solution
newborn child, right solution, nri: Hello Aman, Walekum Salaam. It is not necessary to be present in the court for all dates of hearing. Once there is representation through a counsel, he can always report to the court the inability to the respondent to be present. If you can support...

Indian Law: father's property, hindu law, unmarried brother
hindu law, unmarried brother, sister and brother: Dear Manesh 1) As per Hindu law of succession, after the death of your father, you along with your brother, sister and mother gets equal share over the property(4 shares). Your mother can only transfer her share of the property. She cannot do anything with...

Indian Law: Indian Company Letterhead, private limited company, company letterhead
private limited company, company letterhead, visa officer: Hi Rupert You have stated that you have produced the invitation from the company. You have also stated that the said invitation was sent by the Director of the company. But it might not contain any information or verification about the senders name, his designation...

Indian Law: Marriage under Christian Marriage act, canon law states, marriage annulled
canon law states, marriage annulled, marriage act: Dear Rita Dsouza Marriages under The Christian Marriages Act has to be performed in a church by the priest. Now legally getting a Divorce from a civil court is enough. But the Canon law states that a Christian who is married under The Christian Personal laws...

Indian Law: Name change procedure for my child, birth registration, official gazette
birth registration, official gazette, orissa: Dear Ashis Kumar To correct the son s name, you will first have to apply and get the name change published in the official gazette. Then you have to produce the published gazette with the authority who has registered your son s birth (in Orissa) and have...

Indian Law: Notice Period Extended, appointment letter, notice period
appointment letter, notice period, necessary documents: Dear Rohit You have not given me the details of your appointment letter and also your employment contract. If you refer to the same, you might find a term or a condition by which it is stated that the company has the right to revise the terms and conditions...

Indian Law: NRI - Purchasing Agriculture land, foreign exchange management, property in india
foreign exchange management, property in india, agriculture land: Hello Yasalapu, As a Person of Indian Origin (PIO) resident outside India, you may acquire any immovable property other than agricultural land / farm house / plantation property in India by purchase, from out of funds received in India by way of inward...

Indian Law: name correction, indian passport, passport application
indian passport, passport application, passprt: Dear Prabhjot Mistake in the spelling of your surname may have effects in your visa processing. When you are planning to go abroad, it is always advisable to have all your records in perfect order. As the mistake in your passport is clerical in nature and...

Indian Law: Resignation, provident fund act, information technology act
provident fund act, information technology act, indian information technology: Dear Chakraborty 1) Yes, as per Indian Information Technology Act, any communication sent through email or any other electronic means is legal. But it is advisable to send a hard copy of your resignation through ordinary post too as a registered letter with...

Indian Law: Resignation, migrant visa, appointment letter
migrant visa, appointment letter, immigration department: Dear Kejal The immigration department is right because the residence card is your personal property and the employer has nothing to do with the same. As you have not signed the letter of assignment, you are not bound by the same. You can complete the notice...

Indian Law: UNREG. SALE AGREEMENT, shri krishna, lac office
shri krishna, lac office, civil nature: Dear Jayesh The agreement that you have made is perfectly legal and valid and legally enforceable. What you need to have done is to have sent a lawyer notice to the said person before the expiry of the time limit. But as you have not done the same, I would...

Indian Law: Bond sign in companies, character certificate, litigation costs
character certificate, litigation costs, medical certificate: Hello Sister, I have answered a lot of questions pertaining to validity of such bonds and in my opinion the employer is well within his rights to have the employee execute such a bond. Similarly, the employee also has to protect his interest. My experience...

Indian Law: bond sign in companies, Employment bond, terms and conditions
Employment bond, terms and conditions: Dear Sapna In a bond agreement, the governing factor is the terms and conditions of the agreement. I do not know the terms of the contract to give you a conclusive opinion. But generally if we go by general contract followed by the industry, then in my opinion...

Indian Law: Changing father's name in the SSLC marks card, educational department, ration card
educational department, ration card, birth certificate: To correct the name of the father, you have to apply individually to the concerned Department; for example, you have to give an application to the educational department to have the name corrected and respective universities as may be. You need to accompany...

Indian Law: Company not accepting Resignation Letter., relieving letter, resignation letter
relieving letter, resignation letter, experience letter: Dear Naveen 1) You are bound by the terms and conditions of the employment contract. Hence if the employment contract says that your notice period is two months, then you are bound by the same. Generally the employment contract will have a term by which it...

Indian Law: changing religion, arya samaj, conversion procedure
arya samaj, conversion procedure, relevant departments: Dear Divya It is easy to change to Hinduism. You need to approach the Arya Samaj. They undertake the conversion procedure. After the conversion, you can institute appropriate procedures with local self governing bodies and relevant departments to have your...

Indian Law: WILL DEED, supreme court rulings, grand mother
supreme court rulings, grand mother, two daughters: Your grand mother can execute a will in so far as her share is concerned. But you have not stated how your grand mother got the property. If it is self acquired, then she can dispose off the property as she feels. But if it is inherited by her, then her will...

Indian Law: Dual Salary, social security deductions, expences
social security deductions, expences, medical claims: Dear Girish It depends on the terms and conditions of the agreement that you have with your company.But as you are getting the social security paid by the company and and the same is deducted, then you cannot again claim the same after you return to India....

Indian Law: Bond sign in companies, relieving letter, contract of employment
Indian Law: Bond sign in companies, relieving letter, contract of employment, siddharth

Indian Law: changing religion, state of india, tme
Indian Law: changing religion, state of india, tme, frm

Indian Law: Marriage related Guidance, husban, cannt
Indian Law: Marriage related Guidance, husban, cannt, problem thanks

Indian Law: Mother in law claiming wife's insurance money, legal heir, marriage certificates
Indian Law: Mother in law claiming wife's insurance money, legal heir, marriage certificates, insurance money

Indian Law: full & final settlement, book act, customs service
book act, customs service, personal sources: Hello Arun, If the sum due to you by AIMIL PHARMA exceeds Rs. 1 lakh, then you can move the company tribunal under Section 433 and 434 of the Companies Act for winding up of the Company. Alternatively, you can file a civil suit against the company for...

Indian Law: HR issue- Compensation, hr issue, illegal act
hr issue, illegal act, employement: Hi Haresh, Employer and Employee relations are mainly covered by the conditions of the employment contract whether contained in the contract of employement or the terms and conditions of the appointment order etc. Kindly go through the appointment order...

Indian Law: HUF, succession laws, partition
succession laws, partition, grandmother: If your grand father had brought the property from the income of HUF, the property for the sake of devolution has to be considered as HUF. Hence your grand father can write the will on as far his share of the property is concerned. The rest of the property...

Indian Law: Legal Query on Insurance, legal query, insurance unit
legal query, insurance unit, own insurance: Hi Kalyan, Ofcourse it is legally permissible to get your unit ensured independently. But before going ahead take the information from your society regarding any general cover. If the society s policy covers your risk then good enough, if not then you can...

Indian Law: Marriage related Guidance, burning sensation, married couples
burning sensation, married couples, manliness: Hi Amit, You are bending over too much to be a prey to your wife and her parents. You also have self respect and dignity and should always carry it irrespective of what the society gives you in return. In the context of your query, firstly, I would suggest...

Indian Law: Mother in law claiming wife's insurance money, group insurance policy, legal heir
group insurance policy, legal heir, objection certificate: Hello Doublea, You have not indicated the religion you belong to as the succession depends on the personal laws governing such deceased. On the general aspect if you are considered to be the legal heir and succeed to the estate of the deceased then the...

Indian Law: Mother in law claiming wife's insurance money, group insurance policy, indian succession act
group insurance policy, indian succession act, legal heir: Hi, (Can t figure out your name) For the sake of convenience I ll answer your questions in reverse order. Q(3) As per the Indian Law (Hindu Section Act Section 15(1)(a)) the property of a female Hindu dying intestate (i.e. without executing a will) devolves...

Indian Law: Nanaji's property, hindu succession act, fraud forgery
hindu succession act, fraud forgery, breach of trust: Hi Neeraj. Sorry for the late response. As per Section 15(1)(a) of the Hindu Succession Act 1956 the property of a female hindu dying intestate (i.e. without executing a will) devolves upon her children and her husband. The children and the husband take...

Indian Law: nomination, legal heirs, authorised agent
legal heirs, authorised agent, civil suit: As per Indian laws, the nominee is the authorised agent of the person on whom he has complete confidence. It is expected that he will collect the amount and distribute the same to all the legal heirs. If there is a nominee, he alone can collect the amount....

Indian Law: nomination in national saving certificate, legal heir, nsc
legal heir, nsc, nomination: Hello Mr Dave Nomination only identifies the hand which receives the payment. It is the legal heir who is actually entitled to the proceeds. If you are not aware of the nomination in your certificate kindly contact your post office branch from where the...

Indian Law: property right against will, precious advice, ancestral property
precious advice, ancestral property, son of my father: Dear Aditya Yours is a little complicated subject and need through perusing.Dfor convinence, let us break your question into several parts: 1) First your grand father can only write the will as far as his self acquired property is concerned. As far as...

Indian Law: query, expense claim, criminal complaint
expense claim, criminal complaint, negotiable instruments: Dear Dimitrz As per the Negotiable Instruments Act, you have to file a criminal complaint with in six months from the day the cheque got bounced. Hence as two years have elapsed, you cannot file a criminal complaint for bouncing of cheque. But you can file...

Indian Law: quries regarding property distribution, movable assets, property distribution
movable assets, property distribution, five sisters: Dear Arindam As the daughter of your grand father, your aunt has one share over the property. Her share will be maintained and she can claim partition. This happens unless she has given already given a release deed giving up share over the property which...

Indian Law: Re: Stay of execution, judgment debtor, paragraph 13
judgment debtor, paragraph 13, stay of execution: Hello Smitha, from your statement of facts 3 things are clear : (i) The suit in which the decree has been passed is still pending. (ii) The decree which has been passed is of a foreign court (iii) The judgment debtor has preferred a suit against the...

Indian Law: Sharing of Ancestral Property, ancestral property, agriculture land
ancestral property, agriculture land, gift deed: Dear Arvind, You have not stated weather your father has any brothers or sisters living who may be co-sharers in the property or weather he owns it individually. Now assuming that he is the sole owner of the property, he can distribute the same by executing...

Indian Law: about signature, personal mark, relevant authorities
personal mark, relevant authorities, mother language: Hello Rajavarman, In India there is no specific law regulating the signatures of a person. The signature of a person is only evidence of the fact that the person has himself set his personal mark upon a document. In case a person desires to change his signatures...

Indian Law: UNREG. SALE AGREEMENT, lac office, marketable title
lac office, marketable title, terms of contract: Hello Jayesh, You have not specifically mentioned whether you have entered into a sale agreement or sale deed. The sale agreement can be unregistered but not a sale deed, it has to be registered to convey a marketable title in the property. If you have...

Indian Law: validity of Identity proofs after name change, kartar singh, ambat
kartar singh, ambat, ration card: Dear Mahender From your question, I can collect that the name in your voter s id, your license and other cards have your new name. But when you are applying for the passport, the base document is your birth certificate, your school leaving certificate, your...

Indian Law: Divorce & Property Ownership, divorce petition, javed
divorce petition, javed, property ownership: Hello Neha, The issue relating to purchase of property and your share in the loan will make you entitle to a share in the property. If in the settlement that you may endeavor on seeking a divorce you can place this issue to your husband that the property...

Indian Law: Cheque forgery and Fraud, forgery and fraud, registered mail
forgery and fraud, registered mail, penal laws: Hi Sunil, It is imperative that you should file a criminal complaint against your brother under the penal laws for misuse of the cheques of the bank account which has not been used in the last 10 years, covering the aspect of the blank cheques that were...

Indian Law: Gift Deed, gift deed, warm regards
gift deed, warm regards, mentality: No, neither you nor your son gets any share over the property until your mother gives it to you or she passes away without writing a will ( intestate succession).Your mother is the exclusive owner of the property and nobody else has any right over the propert...

Indian Law: releaving leter during resignation at probation period, probation period, appointment letter
probation period, appointment letter, resignation letter: Hello Anjan, Since your appointment letter specifically covenant that you will be on probation for a period of 6 months and once confirmed, you will can resign on one month notice. In my opinion, when your company has paid for your training to USA, they...

Indian Law: want to get child custody, matrimonial issues, broken marriage
matrimonial issues, broken marriage, 2much: Hello Santosh, Child custody of the infant may not be possible as the Law does not permit the father to have the custody until the minor attains the age of 7 years and upwards. As your case is on the anvil of broken marriage and your spouse may approach...

Indian Law: Bond policies, service matters, bsnl
service matters, bsnl, jto: Hello Pawan, Merely stating whether the bond is applicable will not be sufficient for me to answer in affirmative to your query. You have signed a bond with BSNL and underwent training and since your training is not upto your expectation you would want...

Indian Law: change in name from married to maiden again., passport name, divorce decree
passport name, divorce decree, state gazette: Dear Trupti, As you have already changed your name and the same is officially published in the official gazette, now the next procedure is to give an application to effect the name change in the passport. The application ought to accompanied with a copy of...

Indian Law: about land bye, proper due diligence, property act
proper due diligence, property act, two peoples: Hello Atul, I fail to understand as to how the land can be acquired under a bond. The very concept of Transfer of Property Act is voilated and it is not a proper document. You should enter into an agreement of sale and consequent upon the release of land...

Indian Law: Non judicial undertaking, recruiting company, notice period
recruiting company, notice period, sushil: Dear Sushil You have not stated the complete terms of the undertaking given by your employee and the conditions enclosed in the same. Anyway such undertaking is perfectly valid and legally enforceable in the court of law.This is the best answer I can give...

Indian Law: nomination law, legal heirs, competent court
legal heirs, competent court, depositor: Nominees are given so that the nominee is authorized to collect the money and distribute the same with the legal heirs. If there no nominee, then the post office will not give the money and for the legal heirs to get the money, they will need to get succession...

Indian Law: non receipt of salary, appointment letter, hr division
appointment letter, hr division, notice time: From your letter, I can understand that you are in probation. You are entitled to get the salary for the month of Oct.Now as far as sacking you is concerned, it depends on the terms and conditions of your appointment letter. I have to go through the same to...

Indian Law: Procedure to chang name, necessary application, official gazette
necessary application, official gazette, news paper: Dear Jagadish The procedure is to have the same published in the official gazette. You have to send the necessary application with the stipulated fees to the official press in your home state to have the same published in the official gazette. You will also...

Indian Law: settlement from employer due, labour laws, civil suit
labour laws, civil suit, diwali: Dear Hema First off let me clarify that you are entitled to get the salary dues for the time you have worked in the school. The same cannot be withheld by the management. But before we proceed, please clarify weather the management had accepted your resignation...

Indian Law: cheque bounce, negotiable instruments, insufficient funds
negotiable instruments, insufficient funds, criminal case: Dear Nagendra You have to start by sending him a statutory lawyer notice asking him to pay the amount. If he does not concede,then you will have to file a criminal case against him under section, 138, Negotiable Instruments Act. Consult a good lawyer in your...

Indian Law: for getting a court order, security men, rdo
security men, rdo, magistrate: Dear Mohammed It is very strange that you tried to approach the high court directly. You ought to have engaged an Advocate and approached through him. Anyway you have not stated which you live in. Procedures are different in different states. But it is not...

Indian Law: Joining client from my current employer, employee provident fund, company xyz
employee provident fund, company xyz, dereliction of duty: Dear Siddhesh Q1- Ans: Yes, your company can execute the agreement if you join the client company. There are several avenues that are open to them. Invariably as the companies are in two different countries, the agreement will provide for jurisdiction for...

Indian Law: need assistance, onward technologies, service matters
onward technologies, service matters, notice period: Hello Atul, The ground to hold your final settlement cannot be attributed to financial crisis. If the continuing employees are not paid, in such circumstance how the company should survive? You need to be strong and go over to the HR Manager and the...

Indian Law: Property, time line, endeavor
time line, endeavor, possession: Hello Vikshi, The builder was clever not to incorporate the time line for the project and is enjoying the property without developing in terms of the collaboration deed. The course available to you is to cancel the collaboration deed stating inordinate...

Indian Law: Regarding gold loan taken, legal heir, rightful owners
legal heir, rightful owners, custodian: Hi First off let me clarify that the term Sthreedhan should not be used as it is is unlawful. You ought to say that the gold is a gift given by your parents to you. Now coming to your problem, as your husband had pledged the gold, from that time onwards...

Indian Law: My wife has filed a 498a, defamation case, crime branch
defamation case, crime branch, marraige: Dear I Very sorry to state that your problem is too complicated for me to give a definite reply through this site. It is not practical for a person to live with a wife who has filed 498 a against her husband and his family. In your case, there is another...

Indian Law: Absconding a company, visa petition, petition letter
visa petition, petition letter, stamping process: Dear Anand From your question, I can collect that you are employed under contract with your company. Hence all terms and conditions are governed as per the employment contract. Now you have stated that your employment contract states that the notice period...

Indian Law: Ancestral property issue, legal proceeding, ancestral property
legal proceeding, ancestral property, grandfathers: Dear Naveen You have not stated weather the house was a self acquired property or your grand father got it vial inheritance. If it is a self acquired property, then he is at liberty to write the will. Unfortunately, there is no way to know weather your grand...

Indian Law: Will against settlement Deed, grand parents, grand mothers
grand parents, grand mothers, mothers name: Dear Vidhya First off let me clarify that ones your grand father had made a settlement deed and got it registered and handed over the property, he does not have any further right over the property. Hence he cannot write a will after that regarding the property....

Indian Law: Cheque Related Question, breach of contract, bhattacharjee
breach of contract, bhattacharjee, notice period: Dear Sabyasachi Bhattacharjee The validity of a cheque is for 6 months from the date of issuance of the cheque. So the cheques that you have given is valid for 6 months from the date so mentioned in each cheque. After that the company cannot en cash the cheques....

Indian Law: Custody of Child In-case of Divorce, old baby girl, indian passport
old baby girl, indian passport, dual citizenship: Hello OS, Since your marriage is registered with the Indian Consulate and you both are presently in Dubai, for all purposes the law relating to child custody in Dubai will apply. I understand that you have not traveled to India anytime after your marriage...

Indian Law: Will against settlement Deed, proparty
Indian Law: Will against settlement Deed, proparty

Indian Law: Name Change - Problems, passport system, birth certificates
Indian Law: Name Change - Problems, passport system, birth certificates, education service

Indian Law: Name Change - Problems, ambat, conclusive proof
ambat, conclusive proof, spouse need: Dear Avneet 1) Your spouse need to publish the name change through the official gazette. She can do so by paying the fees for the purpose and also sending the required application to the Official Press. The same shall be published in the gazette and is the...

Indian Law: Notice period from 2 to 3 months, appointment letter, strange move
appointment letter, strange move, notice period: Dear Ameen It depends on the Employment contract and the clauses in appointment letter. If you closely go through the conditions in the employment contract, then it will have a clause which says that the company can amend the conditions and the same has been...

Indian Law: Offer Letter Acceptance, legal hassles, india university
legal hassles, india university, offer letter: It depends on the terms and conditions of the offer letter. The best way to avoid any legal hassles is to negotiate with your current employee, get a release and join the university of your choice. If you unilaterally join the new organisation, you stand chance...

Indian Law: PROPERTY, domestic violence act, highcourt
domestic violence act, highcourt, senior citizen: In your case, your parents can file a civil suit for evicting your wife from the property. Your wife does not have any right to stay in the property. Or else they can also file a criminal complaint in the local police station against your wife for harassment...

Indian Law: parents rights, daughter visit, parents rights
daughter visit, parents rights, independent source: No, the aged parents does not have the right to stay back with their son if they have the means of looking after themselves. But if they do not have any independent source of income and are dependent on their son for their livelihood,then they can approach...

Indian Law: question, succession act 1925, indian succession act
succession act 1925, indian succession act, second brother: Hello YS Jain, The case filed by the brother to set aside the decree obtained by Mrs.K depends on the grounds taken in the case and the evidence that is supportive to the brother seeking set aside of the decree. It is also that Mrs. K died issueless and...

Indian Law: Regarding Releiving Letter, relieving letter, hr executive
relieving letter, hr executive, notice period: In your case as the company has already recovered the notice period amount and also all the other amount from you. Hence you are entitled to get the relieving letter as all the settlement is over between you and company. My advice would be for you to consult...

Indian Law: regarding making changes in name and address, change of surname, army officer
change of surname, army officer, official gazette: Thatprocedure that your daughter ought to follow are as follows: 1)First she needs to initiate steps to change her surname by having the same published in the official gazette. She can do so by filling a application and also paying the fees. 2) After...

Indian Law: service bond., service matters, new bond
service matters, new bond, psu: It depends on the rules of the relevant govt. In your case, the PSU even though it is a govt entity has it s own existence. You have entered into the bond not with the govt but with the PSU. Hence in my opinion, the bond is non transferable. But I would advice...

Indian Law: Government gazette, maharashtra government, government gazette
maharashtra government, government gazette, register office: No you need not change your name again. For the marriage to take place, it is only required that one of the persons has been residing with in the local jurisdiction of the marriage register office for the presiding 1 month before the date of marriage. As your...

Indian Law: Minor's Name change after mother's remarriage, sole custodian, hyderabad india
sole custodian, hyderabad india, passport office: The passport office is justified in rejecting your application for passport as the the name ought to correspond to the birth certificate.I would ask you to initiate proceedings for the change of the child s name by publishing the name change in the official...

Indian Law: Harrasment by my wife, political persons, marriage life
political persons, marriage life, rpad: Dear Kamlsh You have stated that your wife has sent you a notice. You did not state what she wants, for eg:Divorce. Anyway I would ask you consult a good lawyer in your locality and take steps to immediately send a reply notice. Also it will be prudent to...

Indian Law: Dues to be settled, formal appointment, appointment letter
formal appointment, appointment letter, audit firm: In your case, the certificate that your owner gave is an effective evidence of your employment. As an employee,you are entitled to get your dues fully paid for by your firm. As your s is an audit firm, you have to approach the authority appointed under the...

Indian Law: Employe loan Repayment, mnc company, loan duration
mnc company, loan duration, money company: Dear Suresh There is nothing that can be done legally. As the company has advanced you the loan, you are bound to repay the same. The company can and will initiate legal proceedings against you. I would advice you to come to talk and come to a settlement...

Indian Law: Father's property transfer, legal heirs, civil lawyer
legal heirs, civil lawyer, noc: Dear Senthil In your case as your father has passed away with out writing a will, you along with your mother and brother becomes sole surviving legal heirs to his property. Now that your brother has passed away, he has left behind his wife and minor son....

Indian Law: Notice Period Recovery, salary
Indian Law: Notice Period Recovery, salary

Indian Law: Gift deed can my mother take it back ?, gift deed, hindu family
gift deed, hindu family, substantial question: No, a gift deed once executed and gift given cannot be revoked. the only way to revoke the same is through the operation of law. file a civil suit for cancellation of the gift deed. In such a suit will hold only there is fundamental and substantial question...

Indian Law: Notice Period Recovery, probation period, legal consequence
probation period, legal consequence, offer letter: It depends on the terms and conditions of your offer letter and your employment contract. I am not able to give you a conclusive reply as I have not gone through the same and I am not aware of the terms and conditions.But from the onset I would advice you...

Indian Law: Person missing since 7 years, family certificate, hindu religion
family certificate, hindu religion, conclusive proof: Dear Ayush You have to file a petition for declaration of your father as dead as he has been missing for the past 7 years (legal death).After the procedures, the court will proclaim the order.That is the conclusive proof of the same. Assuming that your father...

Indian Law: resignation in a bank, public sector bank, objection certificate
public sector bank, objection certificate, appointment letter: Dear Kishore It would be better if you go through the bylaws of your bank to see if there is any clause which describes the procedures involved in taking an interview in another govt undertaking if you are an employee of the bank. If you do not find any such...

Indian Law: Declaration procedure on death of Joint Owner of Property, manjira datta, legal heirs
manjira datta, legal heirs, legal heir: Dear Manjira Datta, You need to be specific in your query with regard to the dispute. Plain reading of your question seems that you are not involved in a legal issue but seeking opinion and suggestion on a dispute you are dealing. These question are...

Indian Law: Family Property Law, family settlement, acquiring property
family settlement, acquiring property, sources of funds: Dear Harsha Vardhan, To be best able to answer your query, I need to know if the son is minor or major. Assuming that the son is major and the father is acquiring property in his name, the sources of funds are proved that it is from the father. If the...

Indian Law: indian marriage, hindu marriage act, indian marriage
hindu marriage act, indian marriage, breac: Hi Gururaj, The strength in any relationship is trust and honesty. If your spouse being infidel and having a status of married in her passport which bears the name of her husband cannot be regarded as simply. Your spouse was not honest and in my opinion...

Indian Law: PF withdrawal, service matters, hr department
service matters, hr department, javed: Dear Mr. Ajay, After your relieve and presenting the withdrawal form of PF, it remains a matter with the PF Commissioner and the assessing officer of your company. It may also be that your past employer has not sent the withdrawal form to the PF office....

Indian Law: Property Succession Issue, biological son, civil dispute
biological son, civil dispute, initial capital: Dear Suman, Yes, your husband as the biological son has a claim over the property and can demand partition of the properties and seek a restrain on any kind of transfer or alienation of the property pending adjudication of the dispute. Your husband...

Indian Law: question about ancestral property, ancestral property, indian army
ancestral property, indian army, double storey: Dear Mukesh, Your father seem to have executed the settlement deeds in hurry not konwing the complexity later in life. I understand from your query that the property belonged to your grandmom and your grandfather predeceased your grandmom. The issue...

Indian Law: Fired using false accusations, false accusations, notice period
false accusations, notice period, employment contract: Dear Cyril It all depends on the terms and conditions of your employment contract. You have stated that you were appointed for a particular project which was canceled. That itself is a good ground to fire you. But from question, I can collect that you have...

Indian Law: force to resign, pharma company, labour laws
pharma company, labour laws, new boss: It is very surprising that your company is behaving in such an unjust manner. From your mail, I can collect that you are a permanent employee of the company. If that is the case, the law gives you complete protection. The company cannot force you to resign....

Indian Law: Victim of Harassment, empty stomach, matrimonial home
empty stomach, matrimonial home, monetary problems: Dear Ravi Kishore For your problem, there is no easy solution. Such cases takes time and has it s own natural course. As you have an Advocate on record, it will not be best for me to give you a definite reply.But I can suggest some ways. It is prudent for...

Indian Law: Bail, lawyer lawyer, case trust
lawyer lawyer, case trust, ashok: Dear Ashok It depends on the gravity of the charge against your client. I would say that your lawyer is correct as the offense is the crime of gravest nature, in normal circumstances, the police has to file the charge with in 90 days. If the same does not...

Indian Law: Leaving a job in probation period, relieving letter, probation period
relieving letter, probation period, formal appointment: Hello Neo, In the context your question I would like to tell you that while in probation you sent your resignation, the important document is the appointment letter and if there is any covenant that is required to be fulfilled prior to you getting confirmation...

Indian Law: Lega heirs, hindu law, rother
hindu law, rother, formalities: Dear Rajesh It depends weather the will has been executed as per the Hindu Law fulfilling all the formalities. It is for the courts to decide the legality of the will. As the matter is pending before the court, it is wrong on my part to comment on the same....

Indian Law: POWER OF ATTORNEY, syndicate bank, proper completion
syndicate bank, proper completion, prespective: Dear Venkatnarayanan, In my opinion it is not correct understanding of the covenant where the principal has already given power and delegated him/her to do certain things and deed and that he/she can appoint another POA in favor of third person. The...

Indian Law: Is there any problem after resigning from past employe, resignation form, relieving letter
resignation form, relieving letter, bank job: No ones you are relieved from your old job, all your liabilities ends to your old employer.It is not their business where you work next unless there is a clause in your job contract or relieving letter which expressly prohibits you from working with the present...

Indian Law: Re-Issue Pan Card, kishore, nand
kishore, nand, haryana: Hello Nand Kishore You are at a liberty to file a fresh application in Form 49 for issue of new PAN card on the same details. The requisite fee is to be paid enclosing a copy of the PAN card earlier issued and the proof of your address. The application...

Indian Law: succession laws in india, legal heirs, succession laws
legal heirs, succession laws, immovable properties: Hello Sohan, You need to apply for succession certificate from a proper court of competent jurisdiction on all the moveable and immovable properties that were held by your father and mother during their life time. The other option is to seek for partition...

Indian Law: Bond for getting Further Education, phd course, phd program
phd course, phd program, lectuer: Hi 1) I am surprised that your institution is asking you sign a bond. It is not at all compulsory for you to sign a bond. Bonds are generally insisted only when the institution finances for your PhD program. In your case, that does not seem to be the case....

Indian Law: change name, conclusive proof, daughters name
conclusive proof, daughters name, necessary fees: The process of changing the name is to have the name change published in the official gazette. You need to file the requisite form and pay the necessary fees and forward the same to the official press. Before the same, you need to publish the name change in...

Indian Law: definition of public places, traffic sergeant, criminal offence
traffic sergeant, criminal offence, railway station: There are no specific law that bans public kissing. But under IPC and other relevant laws, nobody is allowed to do any act in public that will cause others to feel nuisance, discomfort, obscene, vulgar or irritation.Kissing inside a taxi in public view will...

Indian Law: Family Settlement Deed, legal heirs, family settlement
legal heirs, family settlement, speculation: Hello Suresh, If your father has sold a property and paid to your younger brother, the proof of such sale and payment to your brother is important. This will help you in time to come as he or his heirs may dispute the deal. If your father is now willing...

Indian Law: Family Settlement Deed
Indian Law: Family Settlement Deed

Indian Law: job harassment, labour lawyer, labour commissioner
labour lawyer, labour commissioner, illegal termination: Dear George You have not stated weather you are employed under contract or you are a full time employee. Anyway the recourse for you to get your arriers of salary is to apply to the Asst Labour Commissioner under the Shops and Commercial Establishments Act...

Indian Law: Need Advice, exparte, indian courts
exparte, indian courts, marriage act: Dear Kaustuv Bagchi As you have got married under the Special Marriages Act, you have to seek Divorce under that act itself. You can file for a Divorce in the Indian Courts. Summons will be sent to your wife. If she ignores the summons and does not attend...

Indian Law: Property transfer from will, qus, locality
qus, locality, lawyer: This is very difficult to state in one reply. It all depends on the terms and conditions of the father s will.Anyway I cannot use this forum to give you a reply to your question as it needs considerable more details and also the details to give you a comprehensive...

Indian Law: personal loan defaulter, civil prison, carrer opportunities
civil prison, carrer opportunities, criminal offence: Dear Wangal You are liable to repay the amount you have taken as loan back to the bank. 1) It is the bank s option to file a civil suit for recovery of money.The suit can only be filed at the place where you have taken the loan. But they can get the same...

Indian Law: Resignation Notice Period, resignation notice, relieving letter
resignation notice, relieving letter, appointment letter: Dear Gulam 1) The answer to your first question is that yes, they can sue you for breach of agreement.As you have accepted the offer letter and joined the company, you have impliedly consented to their conditions. Hence they can sue you for breach of contract....

Indian Law: settlement of property, civil lawyer, eldest brother
civil lawyer, eldest brother, stamp paper: Dear Ashish It is mandatory under the Registration Act and under the provisions of the Transfer of property Act to have any settlement deed involving immovable property registered in the Register office. I do not see easy way for you out of this problem....

Indian Law: Adult Act, character assasination, carnal intercourse
character assasination, carnal intercourse, indian penal code: Hello Amitava Basu, I can understand your concern about consensual sex between two consenting adults can be termed as an offence. This is a debateable question as there is no bar in India, to my knowledge, that prevents consensual sex between two adults....

Indian Law: Alimony, overseas job, exwife
overseas job, exwife, alimony: Dear Raj I am surprised how your wife can even now claim maintenance as she is gainfully employed as a teacher. Having said hat, there are no provision of law by which your wife can go for a one time settlement. Having said that, only your salary will be...

Indian Law: Concerning passport, passport office, first sail
passport office, first sail, dads name: Dear Raunaq Madan It is just a clerical error in the Passport office. Even though the defect is immaterial, yet again as you are going to foreign shores, it is always advisable to have all the errors corrected. You can do the same by submitting your passport...

Indian Law: Occupation of rental property after expiry of lease period, lease period, senior citizen
lease period, senior citizen, property act: Hello Mr. Ved, Hope this finds you in good health. I have read your query and astonished that your tenant does not want to vacate the room despite expiry of lease and non-payment of rent. In the present context of your case, you need to issue the...

Indian Law: dowry case and addicted husband, domestic violence act, dowry case
domestic violence act, dowry case, to4: Dear Pooja In your case as you have faced physical abuse at the hands of your husband and inlaws, it is better to file a criminal case against your husband and inlaws. Also file a case under the domestic violence act for protection and also get an order from...

Indian Law: employee absconding from work, contract act, absconding
contract act, absconding, hr team: Well the relationship between the company and the employee is governed by the terms and conditions of their employment contract. There are no specific laws except the contract act that governs the same. I would recommend filing instituting civil suit for recovery...

Indian Law: Employee Termination, life insurance company, resignation letter
life insurance company, resignation letter, employee termination: Dear Vivek The relationship between your employer and yourself is governed as per the provisions of the employment contract. In many respects, almost all contracts with employees engaged in the marketing field will have performance based terms. But as I am...

Indian Law: Mother,Son, Daughters - WILL - Settlement Suggestion, well wisher, jagan
well wisher, jagan, mother son: Dear Jagan 1) To answer your first question, I will need to know the full contents of the will. Having said that, it is irrelevant to take only one line from the whole will. Will has to be considered in it s entirety. Hence generally speaking, your mother...

Indian Law: EMBA, exit procedure, terminating an employee
exit procedure, terminating an employee, legal person: Hello Antarika, Your query seem to be on commercial basis that you as HR Manager would like to know the exit procedure before dismissing or terminating an employee. I may not be able to guide you on this as it involves issues that have to be handled by...

Indian Law: Family, hindu marriage act, changing my name
hindu marriage act, changing my name, nafisa: Dear Nafisa As you have already registered your marriage under the Hindu Marriage Act, it is not possible for you to again register under the Special Marriages Act. Yes, you can go back to your maiden name. Only thing is that you will need to follow all the...

Indian Law: Service Bond, offer letter, akram
offer letter, akram, civil suit: Dear Akram As you have signed the bond agreement, you can be held liable and the company can initiate steps against you including filing a civil suit against you. This is a contract between you and the company and the there are no provisions that can help...

Indian Law: Stepmother, legal heir, sole condition
legal heir, sole condition, grand parents: Dear Deepa You have not stated weather your own mother had passed away. Assuming that she is no more and your father had legally married your step mother, then: 1) She can claim 1 share of all the assets of your father along with you and other brothers...

Indian Law: Break of work bomd, engineering geologist, arunachal pradesh
engineering geologist, arunachal pradesh, legaly: It depend on the terms and conditions of your employment contract. Normally 5 years is a pretty long time for a bond agreement. Anyway as you have already signed the same, you are bound to follow the agreement. I would advice you to come to a negotiated...

Indian Law: Breaking of service Bond, bond money, jto
bond money, jto, bsnl: It depends on the terms and conditions of your agreement for employment. If there are such terms and you have signed the same, you are bound by the terms and the company can demand payment of the amount from you. You will need to pay the amount. It is better...

Indian Law: change in Notice period, notice period, offer letter
notice period, offer letter, employment contract: It depends on the terms and conditions of your employment contract. If the terms and conditions explicitly states that the management has right to review all the conditions of your contract as and when they please, you will need to serve 60 days. But if there...

Indian Law: EMPLOYMENT BOND, relieving letter, staff nurse
relieving letter, staff nurse, bond papers: Dear Jashik If you have signed the offer letter, it is well an acceptance of the conditions and you are bound by the same. Only way out is to negotiate a release with the hospital. But I am surprised that the hospital has taken your original certificate.Certificate...

Indian Law: Break of work bomd, conciliation act, arbitration and conciliation act 1996
Indian Law: Break of work bomd, conciliation act, arbitration and conciliation act 1996, settelment

Indian Law: Reliving Letter, reliving letter, private organisation
reliving letter, private organisation, service matters: Hello NV Nagaraju, It is unethical of the organization that exit is delayed despite you having served with the notice period and the HR is denying the relieve. In the context you may choose the option of approaching the local police station having jurisdiction...

Indian Law: Sec.10 of Maternity Benefit Act, maternity benefit, benefit act
maternity benefit, benefit act, pregnancy delivery: Hello Sukritha, I guess your understanding is that section 10 of the Maternity Benefit Act would only be applicable when the woman suffers from illness. For your better perception, section 10 is reproduced below; Section 10:- Leave for illness arising...

Indian Law: having trouble in releaving from current office, releaving, animation studio
releaving, animation studio, time efforts: Dear Pooja First off let me apologize for this late reply. Now coming to your question,what I can say is that you are bound by the terms of your employment contract. That means that you will need to obey the conditions of the same. If the terms says that...

Indian Law: property rights to daughter, hindu succession act, civil lawyer
hindu succession act, civil lawyer, daughter daughter: Hello Akila, Laws of succession applicable to Hindus, Sikhs, Jains and Buddhist; for the non-testamentary or intestate succession/inheritance, the governing law is the Hindu Succession Act, 1956. Under Hindu Succession Act, 1956, the properties of a...

Indian Law: Salary Issue, salary slip, salary issue
salary slip, salary issue, relieving letter: Hello Manali, You have not mentioned if the notice period to continue for one month was orally communicated by the HOD or it is in writing. If they have relieved you on 18th April, despite you agreeing to the one month notice period, then in all probability...

Indian Law: Clarification Regarding GPA, ancestral property, 33 years
ancestral property, 33 years, gpa: Dear Santheep You have not stated the nature of the property. If the property was in the name of the minor, then one needs court s permission to sell the same. Otherwise the transactions are invalid. However there is a limitation to when the son can challenge...

Indian Law: Full & fianl Sattlement, labor lows, resignation letter
labor lows, resignation letter, appointment letter: Hello Vijaylaxmi, If you do not have any document to show that you need to serve one month in lieu of the notice period, then, in my opinion, you are entitled the Salary for the month of April, 2011. If you have got the relieve letter and worked until...

Indian Law: Share on Land, ambattur, civil case
ambattur, civil case, mother side: Dear Sathish The details given by you is very scarce for me to give you a definite reply. You have not stated weather your grand father had died before your mother and weather he has written any will or weather it was his self acquired property or had inherited...

Indian Law: sale of joint property, bye law, chandigarh
Indian Law: sale of joint property, bye law, chandigarh, registers

Indian Law: legal heir certificate, legal heir, ration card
legal heir, ration card, marriage certificate: Dear Seema, You will get your legal heir certificate from Tamilnadu. In case your name is not mentioned in the ration card you have to produce marriage proof to the authorities i.e. marriage certificate/voter id or any other document issued to you which...

Indian Law: Name Mismatch between passport and cetificate, degree certificate, actaully
degree certificate, actaully, work permit: Dear Saleem, I understand that your complete and correct name as shown in your passport is: First Name: Saleem Middle Name: Mohammed Surname: Kodalil. Your name shall be same on all your records, including passport and other certificates. In my opinion,...

Indian Law: Regarding gift deed, gift deed, properity
gift deed, properity, alpana: Dear Girija, Your parents executed the gift deed jointly in your and your siblings favor (6 co-owners). The heirs of each co-owner have rights equivalent to the share of their parent in the said property i.e. 1/6 value of the entire property. However,...

Indian Law: Right on mother's property, working in dubai, dear madam
working in dubai, dear madam, computer programmer: Dear Arya, I understand that your mother is alive and based on the presumption that your mother is alive, I am writing my opinion. Should the scenario be otherwise, please feel free to revert. As on the date your mother is the sole and absolute owner...

Indian Law: sale of joint property, hindu undivided family, property in chandigarh
hindu undivided family, property in chandigarh, state of punjab: Dear Aimee, The information provided by you herein above suggests that though the property is not ancestral it would be treated as co-parcenery (joint ownership) property, as the same has been acquired jointly by you and your brothers. In other words you...

http://en.allexperts.com/q/Indian-Law-1798/2011/8/aproch-labour-court-file.htm


Indian Law: Ask a property question!, legal heirs, property question
legal heirs, property question, alpana: Dear Sanjeev, Your requires further details for us to be answer your question adequately. If the deceased (Hindu Male) dies intestate i.e. without executing a will, then his property automatically devolves upon his legal heirs (including daughters who equal...

Indian Law: Banking:-Negotiable instruments Act, negotiable instruments act, abc ltd
negotiable instruments act, abc ltd, authorised signatory: Dear Sunny, I haven t heard about any requirement of putting the firm s name or stamp on any cheque. The authorised signatory is required to sign the cheque in exercise of the authority given to him by the company/firm. The banks are required to follow...

Indian Law: Bond Breaking with organization, reliving letter, engineer trainee
reliving letter, engineer trainee, graduate engineer: Dear Sarvesh, Employment Bonds are not enforceable in India. Even if you were made to sign a bond, you may resign from your position in accordance with other terms and conditions of the employment contract. Further, your understanding is correct that...

Indian Law: challenging huf partition, existing properties, agricultural land
existing properties, agricultural land, partition: Dear kumar swamy, If the partition done earlier was a complete partition following which the HUF was dissolved, then you may challenge the partition. In the event, the earlier partition was a partial partition and the HUF still property on behalf of its...

Indian Law: change of name, upsc exam, passport office
upsc exam, passport office, qualification documents: You may fill your UPSC application as per your new name. UPSC will ask your UPSC enrollment number given in the last exam for verification. In case of any queries by UPSC, you can show them the state gazette and current PAN card. If specifically requested,...

Indian Law: Change in name, passport size photographs, legal formalities
passport size photographs, legal formalities, gazette notification: Dear Akash, the link provided me was to central government notification. It is totally possible that state government may prescribe an abridged procedure. Since, I am unable to get access to the Tripura gazette mentioned by you, request you to kindly seek...

Indian Law: Change in name, district magistrate, paper clipping
district magistrate, paper clipping, marksheet: Dear Akash, Being an advocate..I think your documents are sufficient. However, please note that government bodies have their own lethargic speed of working and deleting a matter. You need to ask them in writing what other document do they require. I...

Indian Law: Company threatening me for legal proceedings, marketing job, legal proceedings
marketing job, legal proceedings, offer letter: Dear Ravi, Bonds are not enforceable in have India. Hence it is unlikely that they will give you in writing through a legal notice to fulfill the bond. If they do, you can challenge them in court. In the event they claim reimbursement of training expenses...

Indian Law: correction of spelling mistake in mother's name in passport, spelling mistake, change application
spelling mistake, change application, correct spelling: Dear Manjit, Kindly prepare an affidavit stating correct spelling of your name and submit the same along with name change application for your son s passport. You would also be required to submit a copy of your passport and original passport of your son...

Indian Law: Employment Bond for Nurses, pressure tactic, legal recourse
pressure tactic, legal recourse, offer letter: Hi Bijoy, Please do not submit your original certificate with any person.They will not take any responsibility for loss/misuse of your certificates and may also refuse to return it to you later. Further, your understanding is correct that Employment...

Indian Law: Employment Bond violation, comm systems, appointment letter
comm systems, appointment letter, months service: Dear Vinit, A contract whether oral or written is a binding contract. In case your employer has represented something to you at the time of joining and are not performing their promise, then you have a right to terminate the contract. I suggest you may...

Indian Law: How to aproch labour court to file a case against a firm, hr ph, commerce service
Indian Law: How to aproch labour court to file a case against a firm, hr ph, commerce service, hard earned money

Indian Law: Forced To Resign, employee complaint, contract of employment
employee complaint, contract of employment, employment contract: Dear Ravi, Please find your answers below: 01. Can employer be force employee to resign by giving any incorrect reason? No one can make you do anything against your will. 02. Can a notice be issued to organization towards employee complaint? ...

Indian Law: Forcing to serve Notice Period, notice of resignation, policy clause
notice of resignation, policy clause, notice period: Dear Nivesh, If the policy clause provided by you is all that is governing your notice period then you are not bound to serve the entire notice period. You have the option to pay salary in lieu of the notice for un-served notice period. The first line itself...

Indian Law: Full and final setllement, india pvt ltd, satisfactory response
india pvt ltd, satisfactory response, ashish: Dear Ashish, Before you take any legal action please ensure you have written to your HR, company head in India as well as the HR head in Germany. In case you do not get any satisfactory response in spite of approaching the above mentioned personnel,...

Indian Law: Full and final settlement, medical transcription company, stpi
medical transcription company, stpi, civil court: Dear Jacob, Please consider reminding the company personnel via letters and emails copying the directors and promoters first. If you do not get any results please approach a local lawyer to prepare a legal notice for payment of your dues. In case you do...

Indian Law: gezette, government notification, srivastava
government notification, srivastava, administrative purposes: Dear Akash, Numbers are given for administrative purposes. If each gazette is named just as gazette you will never understand which gazette has the right government notification you have been looking for. Trust that explains. Regards, Alpana Srivastav...

Indian Law: Harassment and torture by wife and MIL, legal query, sexual intercourse
legal query, sexual intercourse, life style: Dear Sreekar, Your wife has a right to claim maintenance for herself and for your son from you alone. Your parents property being owned by them has nothing to do with this, unless they have transferred it already in your name. A son or a grandson can make...

Indian Law: Holding salary and resignation, copy of resignation letter, dear madam
copy of resignation letter, dear madam, statutory provision: Dear Nilesh, There is no statutory provision making it mandatory for the employers to give a receiving/acceptance of the resignation. The employment arrangements are essentially governed by law of contract, hence your intimation to your employer that you...

Indian Law: joint owned property in chanigarh, bye law, alpana
bye law, alpana, srivastava: Dear Satish, In case you are unable to amicably settle the issues with your brother, you may first approach the court and file a suit for partition of the jointly owned property in order to physically determine your share. Once your portion of the house...

Indian Law: land dispute, ancestral property, land dispute
ancestral property, land dispute, srivastava: Dear Kumar, If the property is not an ancestral property, there is a possibility that your uncle will succeed in taking whole of it by forging the documents. However, if your grandmother executes her last will, and the same is duly registered, clearly stating...

Indian Law: legal heir, legal heir, daughter widow
legal heir, daughter widow, deceased son: Dear Guru, As per the definition given under the Hindu Sucession Act, 1956, heir means any person, male or female, who is entitled to succeed to the property of an deceased person who dies intestate i.e. without writing his will. Son, daughter, widow,...

Indian Law: Legal heirs to aunts property in India?, legal heirs, property in india
legal heirs, property in india, elysha: Dear Elysha, In our opinion, if you are clear that your aunt did not execute any will before her death then your mother shall apply for Succession Certificate as follows: Application for obtaining Succession Certificate is to be made in the court, where...

Indian Law: middle name change, district magistrate, college certificates
district magistrate, college certificates, sir name: Dear Sneha, If you wish to change your name you may contact the district magistrate s office for procedural details. Also please visit http://deptpub.nic.in/forms/forms%5B10%5D.pdf for understanding the process in detail. Regards, Alpana Srivastav...

Indian Law: mulium adopted son will becom the owner of adopted parrents property, muslim law, shariat
muslim law, shariat, muslims: Dear Muhammed Muslims are governed by the Shariat and in India as per the Shariat Validation Act, 1936. Under the Muslim law, Adoption is unknown and not recognized. Although such practices is prevailant in several parts of India as a custom, it is not recognized...

Indian Law: name channging matter, district magistrate, educational certificates
district magistrate, educational certificates, dear sir: Dear Shelu, You may change your name in your records in accordance with the procedure provided at the link below: http://deptpub.nic.in/forms/forms%5B10%5D.pdf Additionally, should you require further information in this regard please seek clarification...

Indian Law: Non-Receipt of Salary & Relieving issue, relieving letter, mail
relieving letter, mail, issue question: Dear Jay, Please proceed as follows: 1. Write a letter/email to your HR manager, your immediate manager and copy a director of the company on the same. Mention clearly in the email about the details of termination letter, no prior notice by the company...

Indian Law: Notice period buyout, bangalore india, lieu of notice
bangalore india, lieu of notice, notice period: Dear Srinivas, If the contract says that company has a right to pay or recover salary in lieu of the notice period. In my opinion, you may simply resign with one month notice served. Clearly mention in your resignation that due to personal reasons you are...

Indian Law: Parental Property Matter, hindu succession act, civil lawyer
hindu succession act, civil lawyer, suitable options: Dear Virendra Chadha You have not stated which religion you belong too. But assuming that you belong to Hinduism, you are governed by the provisions of the Hindu Succession Act, 1955. Under the Act as your parents have not made any will. all the children...

Indian Law: Probation period, probation period, private organisations
probation period, private organisations, contract of employment: Dear Ravi, Probation in private organisations is governed by contract law. However for workmen i.e. people not on managerial/administrative positions in factories, the employer is required to draft and adopt standing orders which shall be approved. There...

Indian Law: Property, hindu law, ancestral property
hindu law, ancestral property, equal share: Dear Monica, Hindu law recognizes daughters equal right to ancestral property. However, if you are governed by any other personal law, I need to check that. In case your parents have not made any will and you are governed by Hindu laws, then you and your...

Indian Law: Property Dispute, ancestral property, stamp paper
ancestral property, stamp paper, property dispute: Dear Sweta, I understand that the property in question is ancestral property (originally bought by your grandfather s ancestors) and is currently jointly owned by your grand father, uncle (including his son) and your father (including you and your sister)....

http://en.allexperts.com/q/Indian-Law-1798/2011/8/property-dispute.htm


Indian Law: Quiting Resignation., resignation letter, legal recourse
resignation letter, legal recourse, private organisations: Dear Lesha, I am afraid that there is nothing much which can be done now, as your father has already signed on the receiving of the acceptance of his resignation letter. This event itself explains that they do not want your father to stay back. ...

Indian Law: Regarding Agriculture Land Distribution., ancestral property, agriculture land
ancestral property, agriculture land, land distribution: Dear Sanjay, In case your grandfather has already transferred the land to your uncle then you may challenge the transfer under section 39 of the Specific Relief Act, 1934 by challenging the transfer of your share in the ancestral property to your uncle...

Indian Law: regarding change of parents name on birthcertificate, district magistrate, parents name
district magistrate, parents name, exact procedure: Dear Vivek, Congratulations for the baby. I am not aware about the same but my research says the procedure could be as follows: 1. Enter into an adoption deed with your sister and her husband. Visit the Municipal office and ask for a birth certificate...

Indian Law: Regarding conditional resignation and recovery, chandra shekhar, chandra shekar
chandra shekhar, chandra shekar, salary structure: Dear Chandra Shekar, Should you have further issues arising, please feel free to contact me directly at alpana1507@gmail.com. Regards, Alpan...

Indian Law: Regarding paying money for taking certificates back, rajiv gandhi university, indian nurses
rajiv gandhi university, indian nurses, constitution of india: Dear Shobha, The Delhi High Court has not yet decided the matter. It has simply issue the notice to the concerned hospital. Hence it is incorrect for the hospital to say that it is for Delhi hospitals only. The court has clearly stated that the practice...

Indian Law: REGARDING RELEIVING LETTER, relieving letter, experience certificate
relieving letter, experience certificate, settelment: Dear Vijay, Please keep following up with the HR in writing and if possible copy your communication to a senior management personnel in the company. In the event, you do not receive any response to your communications after a reasonable time period, consider...

Indian Law: Regarding suggetion for my question.., kind reply, diplomatic answer
kind reply, diplomatic answer, computer engg: It cannot be section 420 of IPC, unless the complaint is frivolous or the facts are different. A criminal complaint may be filed under section 138 of the Negotiable Instruments Act, in cases of dishonour of cheque on the ground that either because the amount...

Indian Law: Releving date, notice period, offer letter
notice period, offer letter, oppertunity: Dear Manoj, Kindly refer to your offer letter and employment contract regarding the notice period. If it mentions the notice period to be three months then your company has correctly mentioned your relieving date as October 26, 2011. However, if you...

Indian Law: relieving letter without resignation, relieving letter, labour legislation
relieving letter, labour legislation, management discretion: Dear Rohit, As stated earlier, if your contract gives you the option to pay salary in lieu of the notice, it is equally binding upon the company. You may resign and demand in writing the specific documents that you require from the Company by or on your...

Indian Law: religious service in residential building, religious sensibilities, religious sentiments
religious sensibilities, religious sentiments, residential premises: Dear Rahul, The Indian law gives freedom to every person to practice his religion. Hence, if a person s religious sentiments are affected because another person is practising/following his religion, there is no valid legal remedy. However, creating...

Indian Law: Rented house handed over to promoter, tenancy matters, legal obligation
tenancy matters, legal obligation, ration card: Dear Raja, Under the law a tenant does not have any ownership right on the house given on rent. The landlord may terminate the tenancy and require the tenant to vacate the premises as per the rent agreement. It is a legal obligation of each person to abide...

Indian Law: Resignation, private limited company, dear madam
private limited company, dear madam, notice period: Dear Naveen, If your contract or company policy requires you to serve notice and you have accepted the same, then you are required to serve your notice period. However, you may speak with the management and ask them to reduce/excuse your notice period....

Indian Law: Resignation Clause, relieving letter, resignation letter
relieving letter, resignation letter, code email: Pavithra, If the new employer does not require the candidate to provide his relieving letter then the person will not face any issues in his/her career. However, if the old employer has clearly told the employee to serve notice period or pay salary...

Indian Law: In Resignation employer considering working days, appointment letter, notice periods
appointment letter, notice periods, legal obligation: Dear Rahul, If the contract simply provides for 2 months notice then it will be assumed as 2 calender months notwithstanding the weekly and public holidays. You may simply talk to the management and tell them that contract does not specify that the 2...

Indian Law: RIGHT OVER PARENTAL PROPERTY !, ancestral property, absolute rights
ancestral property, absolute rights, criminal complaint: Dear Prakash, Law has absolute provisions to ensure that a husband maintains his wife and minor children. In this regard a civil suit for maintenance as well as a criminal complaint may be filed. However, please note that if your father-in-law is the absolute...

http://en.allexperts.com/q/Indian-Law-1798/2011/8/salary-expenses.htm


Indian Law: Settlement deed., ancestral property, blood relation
ancestral property, blood relation, conveyance: Dear Saru, The document made shall be named as Conveyance Deed and shall exactly mention the portion of land/property with defined boundaries in the conveyance deed. Please note that if the property is ancestral property or is owned jointly with a family...

Indian Law: Stop of salary, medical certificate, employment contract
medical certificate, employment contract, sick leave: Dear Shamita, Your employer shall not stop your salary however in case you have availed all your leaves then they are not required to pay salary for the days you were absent. These provisions would be given detail in your employment contract and/or company...

Indian Law: suit of declaration, education board, local court
education board, local court, relief act: Dear Akash, You may file a suit for declaration in Amritsar also. A professional s (including a lawyer s) fee is not regulated hence, I cannot comment on reasonability of the same. Lawyer s fee may vary depending upon his expertise, goodwill, standing...

Indian Law: termination of job, termination provisions, letter of termination
termination provisions, letter of termination, contractual period: Dear Trilochan, It is clear that the job was offered for a period of one year on contract basis which could be renewed depending upon the candidates performance. If the contract signed by you states that, the department can terminate the contract by...

Indian Law: Termination Law in India for 12 Employee's, mass layoff, appointment letter
mass layoff, appointment letter, juridical status: Hello Ankur, The concept of termination to resignation is ultimately being relieved of the duties. The thin difference is the prerogative of the employee is resignation and the use of power by employer is termination. If your appointment letter covenant...

Indian Law: Transfer of Joint Ownership of a property in Mumbai, gift deed, immovable property
gift deed, immovable property, stamp act: Dear Pawan, You and your brother may execute a gift deed wherein you may gift your entire share in the property to your brother or vice-versa. However please note that transfer of immovable property by way of gift, being a conveyance, requires registration...

Indian Law: Ancestral Property share of married daughters, grandfathers name, legal heirs
grandfathers name, legal heirs, succession act: 1. In case the land is still registered in your grandfather s name, it means that the same is not partitioned yet. Hence your mother and sister s would have a valid claim on the land. Your uncle, mother, and her sisters shall be equal/joint owners of the land...

Indian Law: Company not providing relieving letter, salary slips, relieving letter
salary slips, relieving letter, salary slip: Dear Arun, In case you already know that you may not get the relieving letter on time or at all, you may inform your prospective employer about the same and ask them if they will accept a copy of the resignation acknowledgement instead. Since, your boss...

Indian Law: Does daughter born before 1956 has equal share in ancestral property?, hindu community, valid proof
hindu community, valid proof, ancestral property: Dear Vidyalakshmi From the information given by you, I can collect that Partition has already taken place and your father has bought out all the other uncles and your aunt and in that your aunt has also consented to the sale and she has also registered....

Indian Law: Maternity Leave, ml, reply
Indian Law: Maternity Leave, ml, reply

Indian Law: Regarding bond for nurses, accredited hospitals, xerox copies
Indian Law: Regarding bond for nurses, accredited hospitals, xerox copies, legal contracts

Indian Law: regarding partition of parental property, parent document, remedy
Indian Law: regarding partition of parental property, parent document, remedy, brother

Indian Law: step mothers property, succession act 1925, indian succession act
Indian Law: step mothers property, succession act 1925, indian succession act, legal heirs

Indian Law: Father making a WILL to his son on ancestral property, legal heirs, hindu law
legal heirs, hindu law, legal heir: Dear Srinivas, Every co-parcener i.e. legal heir (including daughters under hindu law) have a right to inherit the ancestral property. Your father is making a will to avoid any clashes and confusions after his death. As regards the ancestral property, the...

Indian Law: Grandfather's property, indian succession act, succession laws
indian succession act, succession laws, lineal descendants: Dear Josephine, In the absence of your grandfather s will, this matter shall be resolved in accordance with Indian Succession Laws or christian personal laws. Upon review of the provisions of the The Indian Succession Act clearly provides that daughters...

Indian Law: Guidance Required, bala krishna, ghmc
bala krishna, ghmc, plot owners: Dear Bala, In the event, the two plot owners have obtained all required permissions for constructing a residential apartment in your colony, it would not be easy to stop the proposed construction. In case if all house owners together object the said construction....

Indian Law: HUF and Co-parcener, deposit cheques, huf
deposit cheques, huf, thanks in advance: Yes, an HUF is an entity independent of the the Karta who represents the HUF. A karta may receive deposit cheques on behalf of HUF only. Co-Parcener is required to authorise the Karta to collect cheques on his behalf. depending upon the documents and...

Indian Law: joint property and writing a will, hindu religion, property in india
hindu religion, property in india, wife lives: Dear sir In your case as you belong to the Hindu religion, it is not required for you to register your will. Hence you can very well write a will from the USA. If you write a will jointly, then after your time the property will be divided as per the provisions...

Indian Law: LAND & PROPERTY DIVISION, adequate provisions, elder brother
adequate provisions, elder brother, making a will: Dear Sambit, Since, the property belongs to your parents and not to any of you, legally, your brother cannot ask you to leave. However, to avoid any conflicts in future you may ask your parents to make adequate provisions for dividing the property among...

Indian Law: Legal rights in father property, hindu law, step brother
hindu law, step brother, step mother: You have all right equivalent to your brothers rights in your fathers property. As per the hindu law, daughters have equal rights in their fathers property as sons. Hence your father s property shall be divided equally among all you sisters and brothers...

Indian Law: Maternity Leave, maternity benefit, co operative bank
maternity benefit, co operative bank, benefit act: The provisions, rights and obligations relating to Maternity Leave are governed by the Maternity Benefit Act, a central legislation applicable on all states in India, irrespective of whether such leave is claimed for the first child or second. A woman cannot...

Indian Law: Maternity Leave, private limited company, maternity benefits
private limited company, maternity benefits, labour commissioner: 1.) Yes. They are entitled to all maternity benefits as given under the Act. 2.) This refers to nursing breaks to which they are entitled. 3.) This shall be governed by the HR policy adopted by their respective Companies. 4.) This shall also be governed...

Indian Law: Mental Harrasement at collage, harrasement, college management
harrasement, college management, physical assaults: Dear Abhishek, Such behavior, in addition to mental harassment also constitutes the offense of assault by the teachers of your institution punishable with three months imprisonment or fine or both. You may also complaint against such teachers to the...

Indian Law: Name change problem, college certificates, passport visa
college certificates, passport visa, mark sheets: Dear Swasti, You need to get fresh degrees/mark sheets issued in your new name. This may not be necessary if you do not require to submit/produce theses documents to anyone. However, if you need these documents, you have to obtain obtains fresh ones...

Indian Law: Need information on Ancestral property with partition deed, indian succession act, legal heir
indian succession act, legal heir, legal heirs: The property being ancestral property shall be divided in accordance with the Indian Succession Act, applicable on Christians. Since your mother is not a legal heir to your grandfather s property she has no right to claim a share therein, however she is entitled...

Indian Law: Non payment of reimbursement amount, recruitment agency, mail id
recruitment agency, mail id, nishant: Dear Nishant, I smell a little bit of fraud or misrepresentation here by the recruitment agency. You may again intimate them in writing that in the event, they do not fulfill their promise, you would be compelled to take a legal action..if they revert good...

Indian Law: Pension and Settlement from Government Aided College, pension arrears, writ petition
pension arrears, writ petition, provident fund: I believe that gratuity shall include the pension amount. Kindly check the service rules applicable on your father in relation to this. In case if there is additional pension fund created by the college then filing a writ petition against the college would...

Indian Law: promisory note, ruppes, stamp paper
ruppes, stamp paper, bond paper: Execution of A Document on Rs 100 stamp paper is not sufficient if the same is a loan/debt instrument. The stamp duty payable on loan instruments is 0.5% of the agreement value. Additionally, unless you register the document, you would not be able to claim...

Indian Law: Property, agriculture land, elder brother
agriculture land, elder brother, family settlement: Hello Jagdish, The property was purchased by your father when you were a minor and it was registered in the name of your elder brother who was major at that time. If you can establish that the amount invested to acquire the property was after your father...

Indian Law: Property Partition, ancestral property, personal laws
ancestral property, personal laws, 2 sisters: Dear Syed, It is not clear from your query, whether your father is alive. For responding to your question I would assume that your father isn t alive and has executed a will in relation to the property owned by him during his lifetime. In such a case all...

Indian Law: property related Qs??, property in goa, deed of conveyance
property in goa, deed of conveyance, current market value: Dear Maria, You may Gift your undivided share in the property to your relative, however the gift deed must mention that your share is not yet determined and the gift shall be effective upon determination of your share in the property by the court and the...

Indian Law: Property settlement between 2 brothers, property settlement, additional details
property settlement, additional details, partition: Dear Kumar, What do mean by the phrase But the documents have been published individually is this a deed of partition, will or a settlement deed?? Request you to kindly provide additional details regarding the document, the person who executed it and...

Indian Law: Purchase of property, due share, father and son
due share, father and son, inheritance: In case the sellers showed you any partition deed/land records evidencing their names as owners in the land records, then you may have a rightful claim to the ownership. In the event, there are no documents evidencing a clear title of the Purchasers, you may...

Indian Law: Regarding bond for nurses, best practise, true copies
best practise, true copies, nurses: You will face problems at the time of leaving if you submit your original documents with your employer. Try to avoid submission of originals. Best Practise is to tell them that you have lost originals and that you only have xerox or true copies of your certificates...

Indian Law: regarding partition of parental property, kutcha, dwelling house
kutcha, dwelling house, elder brother: Hello Shiba, Was there any settlement deed between your father and uncle at the time of ditributing the property after the death of your grandfather? If there is no settlement deed and by virtue of your father occupying the said portion and can prove...

Indian Law: regarding property division, personal laws, grand parents
personal laws, grand parents, sister and brother: Hasan, Your father and his brothers and sisters are the heirs of second category, as per the personal laws. In such a case your grandfather s property shall be divided such that the share of each uncle (son) shall be double that of each aunt (daughter),...

Indian Law: rejecting period of resignation letter by company, resignation letter, notice period
resignation letter, notice period, provisions: Dear Abhishek, Your appointment, resignation, termination etc. are solely governed by your contract and you are entitled to terminate your contract in accordance with the provisions mentioned therein. In case your contract gives you a right to terminate...

Indian Law: Releiving Problem from Company, increment letter, relieving letter
increment letter, relieving letter, experience letter: You may resign by paying salary in lieu of 3 months notice. In case the company states that policy changed, you may take the stand the the company has not intimated for change of such policy and neither has brought the said policy change to your knowledge,...

Indian Law: Reliving letter delay, reliving letter, conformation letter
reliving letter, conformation letter, company withholds: Dear Jivendra You have not stated the terms and conditions of your employment contract. Anyway from the information given by you, I can gather that you are sent to a client company and after the project was over you were sent back to your parent company who...

Indian Law: Rent agreement duration, occupancy rights, landlords
occupancy rights, landlords, landlord: It is mandatory for a rent agreement to be stamped and registered if it is for a period exceeding 11 months.In such a case it is treated the same brings many occupancy rights for the tenants. Hence, landlords insist that rent agreements shall be for a period...

Indian Law: reservation, caste, selection committee
caste, selection committee, kamal: Dear Kamal, The reservation in a state is available to the candidates who have domicile certificate of a particular state and fall in the reserved category and not to a reserve category candidate of another state. This is for the reason that a caste/tribe...

Indian Law: sale agreement validity in court of law, agreement validity, ambat
agreement validity, ambat, prashanth: Dear Prashanth.M From the details that you have given, I can collect that your potential has breached the contract of sale. As per the conditions of the contract, you are entitled to retain 50% of the advance amount. Under the circumstance you are entitled...

Indian Law: step mothers property, succession act 1925, indian succession act
succession act 1925, indian succession act, legal heirs: Dear Thomas, In case your step-mother has died intestate, the property will be inherited by her legal heirs in accordance with christian succession laws. Your right to inherit your step=mother s estate would take precedence over her nephew s claim in accordance...

Indian Law: succession certificate, hindu law, objection certificate
hindu law, objection certificate, ancestral property: Dear Ravinder, In case your sister has a claim on your father s property, she would require her name in the succession certificate (please note that under hindu law, daughters have same rights as son s to inherit the ancestral property.) If her name is...

Indian Law: succession certificate, objection certificate, legal heirs
objection certificate, legal heirs, hindu law: Dear Ravinder, The Succession Certificate is required to have the names of all legal heirs of the deceased person, including minor son and married daughter (daughters have equal rights under Hindu Law). However, the children may issue a power of attorney...

Indian Law: will, deceased father, deceased person
deceased father, deceased person, technicalities: Dear Manu As your father has executed a will, immediately after his death, the will comes into existence. As there is a specific clause that states that the will can only be operationalised after your mother s death, you are bound by the same. You cannot...

Indian Law: will, succession laws, sunil
succession laws, sunil, heirs: Dear Sunil, You can challenge the will in court on the grounds that your uncle, at the time of executing the will was not keep good health and hence was easily influenced by other people and executed his will with out exercising reasonable caution as he...

Indian Law: Breach of contract : Can a case be filed in US, legal recourse, indian citizen
legal recourse, indian citizen, india bangalore: Dear Manoj, The fact that you entered into an employment contract with a company which is wholly owned subsidiary of a US company is binding on you. The contract entered into by you covenant that the Laws of the State of Illinois will apply and so also...

Indian Law: claim on business, equal share, true fact
equal share, true fact, business entity: To tell the true fact unless you can establish some nexus between your father s property/ income and your brother s business it is almost impossible to get favourable decision from court over your claim. In your Father s property you have a equal share with...

Indian Law: NAME CHANGE, general administration department, amit kumar
general administration department, amit kumar, changing your name: Dear Amit Kumar, If the reason for change of name is only because there are few others with the same name, I suggest you will be committing a mistake. If all other Amit Kumar think the same way as you are, then there will be no one using this name. Your...

Indian Law: Bond Against ESOP ( Stock Option ), provident fund, salary rs
provident fund, salary rs, supreme court of india: The legal system in our country has long back abolished Bonded Labour. As such, no employee can be kept as a Bonded Labour now. The right of an employee to move on to another employment from time to time is a right that will be protected by the Court, as it...

Indian Law: Contractual Manager, board resolution, labour law
board resolution, labour law, competent authority: The contractual Manager is a Manager.So, he can sign any document on behalf of the Company through a Board Resolution/a Power of Attorney.He can be delegated any kind of power but subject to approval of the Competent authority as well as compliance of statutes...

Indian Law: Error in Passport, passport office, nilay
passport office, nilay, clerical error: You may have to submit the prescribed rectification form alongwith an affidavit and prescribed fees.It appears that it was a mistake on their part also because they should have verified the particulars given in the Application Form with reference to your Identity...

Indian Law: property dispute, legal heirs, sole owner
Indian Law: property dispute, legal heirs, sole owner

Indian Law: gift deed from brother., gift deed, charitable trusts
gift deed, charitable trusts, immovable property: General permission has been granted by RBI to NRIs and PIOs to transfer by way of gift, immovable property held by them in India, to relatives and charitable trusts / organizations subject to compliance with conditions and provisions of other applicable laws.A...

Indian Law: HR harassing and pressurizing for resignation, terms of engagement, intimation
terms of engagement, intimation, inspite: If your employer is not satisfied with your performance, they can extend your probationary/training period.They can also terminate the contract as per the terms of engagement.I would advice you to try for improvement in your quality of services.However, if...

Indian Law: Indian Law / Employment bond, relieving letter, appointment letter
relieving letter, appointment letter, mechanical company: The system of bonded labour has long been abolished from our country.Any kind of employer-employee bond has been taken very seriously by various courts in the country.Since such agreements are in restraint of trade/profession and hence void U/s 27 of the Contract...

Indian Law: indian law for property inheritance, legal heirs, property inheritance
legal heirs, property inheritance, family settlement: Only the true owner of the property can transfer his right or interest in the property to others.Therefore, as long as , your father is the owner of the property , he has every right to sell it to others.For the said purpose , he is not bound to seek anybody...

Indian Law: Legal heir, legal heir, muslim law
legal heir, muslim law, muslim family: Dear Zainus As per Muslim law which is governed by the Shariat, a Muslim can have 4 wives at a time and all children will get a right of share in the father s property. Even though you have not stated to whom your property belongs, assuming that the property...

Indian Law: legal rights, legal heirs, west bengal
legal heirs, west bengal, immovable property: A true owner of the property can transfer his right or interest in the property to anybody as per his desires subject to compliance with the provisions of the Transfer of Property Act to be read with the other applicable laws.However, in the instant case ,...

Indian Law: Meaning of Salary for pay in lieu of notice, appointment letter, pay in lieu of notice
appointment letter, pay in lieu of notice, lieu of notice: Since you have accepted the terms as contained in your terms of appointment-letter, at this stage you have no other alternative but to comply with the same. In view of the above,best course for you in the present circumstance would be to leave the company...

Indian Law: name change proceduer after divorce, maiden surname, paranjape
maiden surname, paranjape, biological father: Thanks Dipali for your referral. Appreciate your situation and my moral support is to you. 1. If divorce is received then the woman can start using her maiden name and surname (i.e. name/ surname before marriage) on the basis of the court order granting...

Indian Law: Name spelt incorrectly, govt job, gazette notification
govt job, gazette notification, board certificate: Merely intimating the Banker will not solve your problem because it will be wrong to suppress the discrepancy in your name to the Pension Authorities/Taxation Authorities etc.You have not committed any forgery but merely a typographical error has occurred...

Indian Law: Non Judicial Bond Signed, apex court, letter of resignation
apex court, letter of resignation, favorable decision: It is fully at the discretion of the Management to transfer an employee to any of their units as per their requirements.It is normally done for administrative reasons.Even if you approach the court to issue an injunction against your transfer order, you are...

Indian Law: Notice period, notice period, encashment
notice period, encashment, termination clause: It depends upon the termination clause of your contract.If there is a provision to terminate it either by serving the notice for three months or pay in lieu thereof,then you can certainly resign by requesting the Management to relief you after 30 days by adjusting...

Indian Law: PAN Card query, private agent, speed post
private agent, speed post, residential address: Please apply for a fresh pan card indicating the reason for the same and prior to that consult them over over phone/e-mail alongwith a hard copy by speed -post for appropriate action.In case you do not get any reply to your mail/hard copy , you can certainly...

Indian Law: parental property division, elder brother, true owner
elder brother, true owner, elder sister: If your parents held the property jointly on either or survivorship basis, then after the death of your father , the ownership of the entire-property automatically passed on to your mother.Otherwise, she will continue to remain owner for her share in the property...

Indian Law: Post Name Change Procedure, specimen signature, educational certificates
specimen signature, educational certificates, property loan: You are to make necessary changes in your PAN and Car RC.Further, you are to intimate your Banker/Lender for making necessary changes in their records.Regarding specimen signature, if earlier you were giving full signature , then it will be necessary to modify...

Indian Law: problem occured in gazette, passport photographs, problem occured
passport photographs, problem occured, gazette notification: As I have earlier explained to you that it will definitely creat problem in making a passport,license, voting card etc.because as per the Gazette notification your name would still be as already published in it .Affidavits is only one of the procedures to...

Indian Law: promisory note, currency note, stamp vendors
currency note, stamp vendors, west bengal: A promissory note is an instrument (not being a bank note or currency note)containing an unconditional promise signed by the maker to pay a certain sum of money only to or to the order of a certain person or to the bearer of the instrument.It is to be executed...

Indian Law: property, legal heirs, cordial relationship
legal heirs, cordial relationship, family settlement: After death of your father , the wealth is to be distributed equally among the legal heirs preferably class -I and otherwise class-II by the curt.You shall have to make an application to the court for issue of a Succession Certificate.However , till then you...

Indian Law: property advice, legal heirs, gift deed
legal heirs, gift deed, property advice: After the death of a person, his properties pass to others as per his WILL and otherwise as per the Succession Certificate issued by the court.In the later case , the properties left by him will be distributed among his legal heirs preferably class-I and otherwise...

Indian Law: property dispute, legal heirs, fahter
legal heirs, fahter, property dispute: Dear Ravinder As your father s legal heirs, your mother and sister gets a share of your father s share, that is you are the majority owner with your own share and 1/3 rd owner of your father s share. Having said that your mother and sister is at liberty to...

Indian Law: Property investment, property in india, indian citizen
property in india, indian citizen, gift deed: If your father is a citizens of India, then certainly you can purchase immovable property in your father s name at any place in India except J&K.However,the said property will remain in the name of your father, since Conveyance-Deed is to be executed in his...

Indian Law: property share, pentacost, younger brothers
pentacost, younger brothers, kerala: Hello Mr. Chacko, Since you do not have any evidence that the property was constructed with your money and that it is in the name of your father on trust, the law will recognize the property as belonging to your father alone unless you prove to the contrary...

Indian Law: quiry, rights of nurses, nurse midwives
rights of nurses, nurse midwives, auxiliary nurse: In our country, every state has its own organization called the State Nursing Council that pertains to the registration of nurses upon completion of training. On completing training, a nurse must register name and details with the State Nursing Council to...

Indian Law: Re:Employer is not issuing releiving letter, relieving letter, letter of resignation
relieving letter, letter of resignation, resignation letter: Once a letter of resignation is accepted ,the contract comes to an end.Normally, the appointment letter inter-alias contains a clause that the employees will be bound by the Service rules of the Company which is in force at present or any subsequent modifications...

Indian Law: Reg Absconding employee, contract states, terms of engagement
contract states, terms of engagement, notice period: It depends upon the terms of engagement to be read with the service rules of the company.It varies from organisation to organisation.If the notice period is one week only, then notice -pay will also be payable for one week only.Moreover , employee should not...

Indian Law: releaving letter on resignation, appointment letter, letter of resignation
appointment letter, letter of resignation, resignation letter: An employee is appointed as per the terms contained in his appointment -letter.So, it is governed by the provisions of the Contract Act.In case, there is any breach of the contract, the aggrieved party can approach the court for appropriate remedy. An employment...

Indian Law: Reliving letter not issued, reliving letter, letter of resignation
reliving letter, letter of resignation, resignation letter: If you have served the notice as per the terms of your engagement-letter, your employer cannot refuse to accept it.It can maximum request you to continue by giving you some financial benefits or assuring you some future prospects.If they do not release you...

Indian Law: Resignation not accepted for 30 days, termination clause, personal benefit
termination clause, personal benefit, liue: An employment contract may be terminated by either party at any time subject to compliance with the termination clause stated in it.Normally such type of contract may be terminated by either party by complying with the notice period or pay in liue thereof.It...

Indian Law: resignation submitted but relieved very late, offer letter, evidences
offer letter, evidences, many thanks: You should certainly pursue the matter.However,success in the case will depend upon competence of your lawyer as well as his arguments and documentary evidences.Moreover, legal cases are very time consuming and expensive.So, you please request him to obtain...

Indian Law: resignation submitted but relieved very late without the acceptance, letter of resignation, back answer
letter of resignation, back answer, offer letter: If the communication regarding acceptance of your letter of resignation was received by you before the submission of the letter of request for withdrawal of resignation letter,then contract was already terminated.Even if the Management agrees to take you back,it...

Indian Law: Right of property, legal heirs, ancestral property
legal heirs, ancestral property, property question: After re-marriage, your wife has forfeited her right to inherit the ancestral property of her previous husband.Moreover, in the instant case , the property was purchased in the joint-names of her previous husband alogwith his elder-brother.If it was purchased...

Indian Law: salary unpaid, formal resignation, resignation letter
formal resignation, resignation letter, gratuity: Since you have not yet submitted any formal resignation-letter,it will be deemed you are still in service.As long as , you shall remain in the pay-roll of the Company, you shall be entitled to full-wages.However, you can claim termination benefit like gratuity...

Indian Law: service matter, faculty strength, service matter
faculty strength, service matter, private engineering: Please institute a suit against the Institute for doing a forgery relating to your appointment.Since they have asked you to deposit the two months salary, it proves that they have received the said notice.If there is any shortage in notice period ,they can...

Indian Law: Surname of baby in Birth Reg. certificate., sri ananda, wifes name
sri ananda, wifes name, indian high commission: You are to follow the name change procedure as given below: Please make your request for the name change by filing an application before a First Class Magistrate s having jurisdiction for your area of residence. He will also attest your affadavit. You could...

Indian Law: violation of notice period, mental agony, appointment letter
mental agony, appointment letter, termination clause: If you have left by serving a notice as per ther the termination clause contained in your appointment letter, then you have nothing to worry about.Otherwise, it will be an irregularity and fraud on the new management to join them without first obtaing release...

Indian Law: VR/RESIGNATION FROM PSU BANK, sick leave application, appointment letter
sick leave application, appointment letter, voluntary retirement: If you have served a proper medical leave application alongwith a medical certificate from a Govt. recognised doctor,then your employer is legally bound to accept it.However, CL/EL is not a matter of right.Therefore , merely because some leave is due to you,...

Indian Law: 30000 due for 3 days .. Please advice me, allegation against, mandatory notice
allegation against, mandatory notice, defamatory statement: Your ex-employer had no right to ask you to do anything, which was beyond the terms of your engagement.Further, you have every right to resign as per the termination clause in the Agreement.However, if the said terms provided either prescribed period of notice...

Indian Law: Amount due from last organization, financial dues, alc ca
financial dues, alc ca, relevant statutes: Since you have worked for more than five years, you are certainly entitled to gratuity.Your tenure covers the definition of continuos service.You are also entitled to claim your outstanding dues on account of salary,P.F.,leave encasement etc., subject to the...

Indian Law: Appointment letter terms and conditions, relieving letter, appointment letter
relieving letter, appointment letter, confidential agreement: First of all, you have done a gross blunder by not minutely reading the terms and conditions of your appointment -letter.I would advice you not to do such a mistake in future because your whole career is associated with it.Now coming to your main query, my...

Indian Law: Breach of Service Agreement, unavoidable circumstances, termination clause
unavoidable circumstances, termination clause, payment in lieu: An employment contract may be terminated by either party at any time by complying with the provisions of the termination clause contained in the contract.Normally, such contract may be terminated by either party at any time by serving the prescribed notice...

Indian Law: Cancelling the purchase of property after registration and signing sale and Construction agreement, stamp paper, hdfc
stamp paper, hdfc, property construction: It will depend upon terms and conditions of home-loan as well as agreement entered into with the builder.Normally, the stipulation in the loan agreement is that stamp-duty will be payable as per the actuals.So most probably it will be payable as per the actuals.Regarding...

Indian Law: Can I claim equity equity shares and bank account by filing inventory proceeding in Goa, legal heirs, servivor
legal heirs, servivor, succesion: If a person dies without making any WILL,then the properties left by him will be distributed equally amongst his legal heirs preferably to class-I e.g. his wife/children and otherwise to class-II e.g. his father/mother/own brothers /sisters etc. by the court...

Indian Law: Company is paying my Arrears ,PF & Final Settlement, salary increment letter, unfair labour practice
salary increment letter, unfair labour practice, appointment letter: Your employer is doing a serious violations of the contract.You are certainly entitled to claim all arrears including P.F.Please immediately serve a legal notice to make full & final settlement of all your outstanding dues,threatening that failing which you...

Indian Law: Divorce related, renewal of passport, dependent visa
renewal of passport, dependent visa, dear sirs: Dear Amit Any deed notarized will not make it a legal Divorce. To get a Divorce, there has to be an order from a competent court. Hence your Divorce is not valid. I suggest you sort it out with your wife and apply for a mutual Divorce. It will take anywhere...

Indian Law: Dr Rano, hindu succession act, legal heirs
hindu succession act, legal heirs, hindu family: Hindu Succession Law applies for division of wealth in case a person dies without a written WILL. Money is so powerful that relations donít take time to break. Family members commonly fight over the issue of wealth after the death of its owner and as a result...

Indian Law: Employment Bond for sponsoring higher education, india pvt ltd, personal enhancement
india pvt ltd, personal enhancement, restrictive agreement: Generally a service bond is illegal in India as it is one sided. Further, as per Section 27 of the Indian Contract Act, 1972, it is not legally valid, being agreement in restraint of trade, profession or business . Percept D Mark (India)Pvt. Ltd. Vs. Zaheer...

Indian Law: FAMILY ASSETS DIVISION AFTER DEATH OF FATHER, legal heirs, family assets
legal heirs, family assets, family settlement: If your father died after making a WILL,then the ownership of the wealth left by him will transfer as per his last desire made in the WILL.Otherwise, the properties will be distributed equally to his legal heirs preferably class-I comprising his wife, sons/daughters...

Indian Law: Grand daughter's right on ancestral property after father dies., hindu succession act, deceased son
hindu succession act, deceased son, legal heirs: After the death of your father, if he died without making any will,then the properties if any, left by him will pass on to his legal heirs, as per the provisions of the Hindu Succession Act,1956.Legal heirs have been well defined in the said Act and in case...

Indian Law: Hiership, hindu succession act, namastay
hindu succession act, namastay, vakilno1 com: Thanks Dr Solanki for your referral. Please firstly note that this reply is in terms of laws of India as prevalent today. Property of a Hindu is of two types (a) Ancestral i.e. Co-parcenary and (b) Self Acquired In both cases, a girl child has...

Indian Law: Legal Heir, hindu succession act, legal heirs
hindu succession act, legal heirs, legal heir: If the a male person dies after making his WILL, then after his death ,his wealth will be distributed according to it.However, if he dies without making a WILL then the wealth is distributed equally to the legal heirs of the deceased preferably to his Class-I...

Indian Law: maternity benefit act, maternity benefit, benefit act
maternity benefit, benefit act, commercial establishments: The Maternity Benefit Act,1961 covers all women employees either employed directly or through contractor employed in mines, factories, plantations and also in other establishments,provided the State Government so decides. The Act is applicable to other...

Indian Law: NOC letter, resignation letter, govt sector
resignation letter, govt sector, mental torture: NOC is normally demanded if you apply in a Govt./Semi-Govt. Organisation while working in a same type of Organisation i.e. Govt./Semi-Govt.Moreover,your duty in the instant case is to comply with the terms of advertisementAs per your statement, it was specifically...

Indian Law: Notice Period, saurabh gupta, gross salary
saurabh gupta, gross salary, labour court: Please go through the terms of your appointment and ensure that your notice is as per the terminatin clause contained in the contract.The notice pay is payable as per the terms of your engaement to be read with the service rules of the company. Pay for...

Indian Law: Notice Period Recovery, notice period, termination clause
notice period, termination clause, mail: You shall have to comply with the termination clause contained in the contract irrespective of the fact whether any work was allotted to you or not.Similarly,even if no work was allotted to you and you were asked to sit idle, your employer was legally bound...

Indian Law: Property claims, there some sort, deeds office
there some sort, deeds office, available records: You can verify the title-deed through a local lawyer.It is to be verified by examining the Conveyance-Deed available in the Office of the Registrar/Sub-Registrar as well as from the Revenue Records of the concerned Municipality.You should have to give to the...

Indian Law: Property Distribution, religion hindu, deceased son
religion hindu, deceased son, property distribution: Since all the three properties were purchased in the name of your grand-mother, only she will get full ownership of the properties and nobody else. However, if she dies without a will, her wealth shall devolve in the following order: 1.upon the sons and...

Indian Law: Property issue, hindu succession act, legal heirs
hindu succession act, legal heirs, ancestral property: Pledge takes place when an asset is transferred to a lender for the purpose of securing a debt. The lender of the debt enjoys possession of the pledged asset, but does not have ownership of it unless default occurs. It is a kind of bailment.Only the true owner...

Indian Law: do provisional period needs to serve notice period, resignation letter, letter of resignation
resignation letter, letter of resignation, provisional period: It is the responsibility of both employer and employee to fulfill the terms and conditions contained in the employment contract executed between them.If there is any breach of the said terms, the aggrieved party may terminate the contract or approach the court...

Indian Law: Query on the Employment Bond, relieving letter, stamp paper
relieving letter, stamp paper, citiz: First of all, hearty congratulation for your selection in the new company. Now coming to your further queries on the matter, my comments are given below: New Company most likely will not allow you to join without release order from your previous employer.They...

Indian Law: Reg: Father name mistake, coal india, passport office
coal india, passport office, welfare office: You are supposed to mention in all your documents the correct name of your father. The relevant certificates mentioned by you were probably issued as per your declartion given while applying for them.Therefore, it was a mistake on your part and you should...

Indian Law: Resignation from the post of Teacher during probation period, legal hassles, probation period
legal hassles, probation period, contract states: Hello Anu, If your contract states that you will not be an employee until confirmed and that you resigned by giving appropriate notice under the contract, I don t see any reason why you should be persecuted and harassed and that your employer is taking...

Indian Law: rule to get arrear for the period that i served, increment letter, letter answer
increment letter, letter answer, speed post: Even if the increment related letter was served to you during the notice period,it will be applicable to you during your tenure in the organisation and till date of your release.It will further strengthen your case and compel them to pay all your entitled...

Indian Law: share certificate xerox, share certificate, heir
share certificate, heir, grandmother: After the death of your grand-father, the ownership of the share-certificate will pass to his nominee, if intimated to the company and otherwise to his heir(s) through transmission.However, if the shares were held jointly, then it will pas on to the survivor.Moreover,...

Indian Law: Asked to pay back Allowances, fca, minimum maximum
fca, minimum maximum, central government: If your pay comprised Field Compensatory Allowance(FCA)as per the terms of your engagement and if it was payable subject to Govt. approval then your employer can make adjustment for any advance payment made to you in anticipation of Govt. approval and which...

Indian Law: Assets in India, legal heirs, malaysian citizen
legal heirs, malaysian citizen, tamil nadu state: An owner of a property, whether ancestral or self-acquired, can transfer its interest in the property to others inter-alia through gifts.If your late father had not gifted it to her sister, the ownership of the said property would have devolved upon you.Further...

Indian Law: birth certificate to apply forpassport, registrar of births deaths, registrar of births
registrar of births deaths, registrar of births, leiu: Since you were born after 26.01.89, only Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths is acceptable to the Passport Issuing Authority. However, you may...

Indian Law: To change first name, passport size photographs, ministry of home affairs
passport size photographs, ministry of home affairs, gazette notification: You can change your name through Gazette Notification by following the procedure given below: Govt.GUIDELINES FOR CHANGE OF NAME FOR MAJORS NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding Change of Name, addition or deletion...

Indian Law: why i can change my name, passport size photographs, ministry of home affairs
passport size photographs, ministry of home affairs, gazette notification: You can change your name through Gazette Notification by following the procedure given below: Govt.GUIDELINES FOR CHANGE OF NAME FOR MAJORS NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding Change of Name, addition or deletion...

Indian Law: Changing_Name, ministry of home affairs, gazette notification
ministry of home affairs, gazette notification, changing my name: You can change your name through Gazette Notification by following the procedure given below: Govt.GUIDELINES FOR CHANGE OF NAME FOR MAJORS NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding Change of Name, addition or deletion...

Indian Law: civil law, true owner, civil law
true owner, civil law, hector: Only the true owner has the right to transfer his interest in the property and nobody else.Therefore,in the instant case ,your grand-father being owner of the property, he can validly transfer it to his wife and /or to your sister and there is no merit on...

Indian Law: Company refused on joining date, breach of contract, contract act
breach of contract, contract act, offer letter: As per the provisions of the Contract Act,an offer may be revocked anytime before acceptace but not afterwards. In view of the above,in the instant case,you can certainly file a suit for breach of contract against your new employer and in your prauyer you...

Indian Law: Complaint in Women Cell by Husband, dowry case, hindu marriages
dowry case, hindu marriages, filing a petition: The National Womens Cell was set up under the National Womens Commission Act look after the grievances of women only.However, complaints may be lodged even by men but it must be related to grievances of women only like dowry,rape, sexual harassment etc.However,...

Indian Law: division of family property, private limited company, majority shares
private limited company, majority shares, residential houses: One of the basic features of a Ltd. Company is that its shares are freely transferrable.However, a Pvt. Ltd. company may by its Articles put some restrictions on such transfer.There is no bar for a NRI to invest in India subject to compliance with the provisions...

Indian Law: Division of Family Wealth, family wealth, true owner
family wealth, true owner, money in the bank: As per law, only the true -owner f the property can sell it and nobody else.Therefore, in the instant case, if the properties were purchased in the name of your father,then he has full authority to dispose off them.Nobody could prevent it.Further, until transfer...

Indian Law: Division of property, legal heirs, current market value
legal heirs, current market value, property question: In the instant case ,due to not getting the WILL probated,after the death of your grand-father, his wealth devolved upon his wife and children equally provided a Succession Certificate was issued by the court.The said division is made area wise.If no Succession...

Indian Law: Docusign - validity in Indian Courts, indian courts, electronic signatures
indian courts, electronic signatures, digital signatures: Indian courts will accept the documents provided valid digital signatures were affixed on them and otherwise not.Apparently, there seems to be no problem in accepting them,if the documents were electronically signed.However, please consult a suitable lawyer...

Indian Law: Employer has not paid salaries from last two months and forcing to resign without full and final, public grievance, negative reply
public grievance, negative reply, mental torture: You have the legal right at any time to terminate the employment contract by complying with the termination clause contained in the contract.Further , your employer is also legally bound to accept it and settle all your outstanding dues. In view of the above,...

Indian Law: Fake will made by my Uncle, hindu succession act, alcohol drugs
hindu succession act, alcohol drugs, testator: The validity of the Will can be challenged on any of the following grounds: 1 A Will must be in writing and signed by the testator or by someone else in his presence and two witnesses, who must also sign it.Preferably, one of the witnesses be a doctor....

Indian Law: Forced To Resign ( Private MNC), unfair trade practice, magistrate court
unfair trade practice, magistrate court, legal recourse: You can lodge a FIR before the nearest police station stating the facts as stated above.Then the police will initiate a criminal case against your employer.If the police refuses to accept the complaint,then you directly file a criminal case before a Magistrate...

Indian Law: Gift deed given by someone mentally unstable, gift deed, paranoid schizophrenia
gift deed, paranoid schizophrenia, free consent: If the Gift-Deed was validly executed on a non-judicial stamp paper of apprpriate value and registered, then there is no merit in challenging it.Otherwise you can certainly challege it.One of of the pre-conditions of a valid deed is free-consent.If it could...

Indian Law: Gifting Property, indian citizen, law expert
indian citizen, law expert, necessary actions: Since your wife is an Indian citizen she can be the rightful owner to Agricultural land if purchased in India, even if she does not live here.However,ownership becomes complete subject to execution and registration of a Conveyance deed.Moreover, your wife...

Indian Law: Grand father property, legal heirs, civil lawyer
legal heirs, civil lawyer, ancestral property: Subramaniane: Thanks for your referral. Yes, you can file a suit in the court for declaration of your share in the joint family property/ partition of joint family property. Suggest to consult with a reputed civil lawyer and proceed accordingly. Best...

Indian Law: My grandfathers Land, legal heirs, probated
legal heirs, probated, grandfathers: After the death of your grand-father, his land has devolved upon the persons to whom he desired to transfer it, provided the will was probated.If that was so done, then your mother will also become owner of the portion given to her.Now if your mother died...

Indian Law: hight of a compount wall, compound wall, municipality
compound wall, municipality, restriction: Your building plan has to be approved by the Municipality.Normally construction depends on the area of the plot and the rules of the concerned Municipality to construct a building under whose jurisdiction the property is situated.You need to leave as margin...

Indian Law: Leave travel concession, government servant, govt rules
government servant, govt rules, senior citizen: According to the definition of family as given in the Govt. Rules for the purpose of admissibility of LTC, the family of a Government servant includes wife or husband, as the case may be, residing with the Government servant and children residing with and...

Indian Law: Leaves Carried Forward, sick leaves, encashment
sick leaves, encashment, service period: Leave Rules are framed by each Company with the approval of its Competent authority normally its Board of Directors.There is no hard and fast Rules in this regard and accordingly it varies from Organisations to Organisations.Therefore, it is fully at the discretion...

Indian Law: Manager not releasing or agreeing for buyout, career ambitions, level supervisor
career ambitions, level supervisor, salary payment: You have to terminate your contract as per the termination clause contained in it.Though it is true that you are missing to avail better job-opportunities for failure to join within a short pweriod but it is also necessary for you to obtain a release order...

Indian Law: mistake in passport issued !!, draft application, verification report
draft application, verification report, pass port: As already advised,you have no other alternative but to apply for a fresh passport to rectify the mistake.Otherwise,it will create unnecessary harassment and legal complications to you in future.RPO is justified in printing the pass-port as per the declaration...

Indian Law: n.o.c. not given by c & f agent., company payroll, termination clause
company payroll, termination clause, agent c: You can resign any time from the service of the company by serving a notice as per the termination clause contained in your engagement letter and your employer bound to accept it.However, they may release your dues after getting NoC from all the concerned...

Indian Law: Name problem, proof documents, education certificates
proof documents, education certificates, applying for passport: While applying for passport for the purpose of identity proof as well as residence proof pan/voter id/ adhaar/bank a/c etc.are accepted.Therefore, I do not think there will be any problem.Alternatively to maintain parity,you can apply afresh for all the documents,...

Indian Law: Nane related query, educational certificates, ministry of home affairs
educational certificates, ministry of home affairs, gazette notification: You can change your name through Gazette Notification but for the said purpose,it will not be necesary to change your name in your educational certificates.I will advice you to always write full name in all your vital documents.There is a prescribed guideline...

Indian Law: NOC letter at the time of Walk in Interview, walk in interview, followup questions
walk in interview, followup questions, free mobility: My comments relating to your queries are given below: (1).It is mandatory for every confirmed employee working in a Govt./Semi-Govt. Organisations to apply only through proper channel.A probationer till confirmation is not entitled to apply for employment...

Indian Law: non judicial bond with PSU, india pvt ltd, personal enhancement
india pvt ltd, personal enhancement, restrictive agreement: Generally a service bond is illegal in India as it is one sided. Further, as per Section 27 of the Indian Contract Act, 1972, it is not legally valid, being agreement in restraint of trade, profession or business . Percept D Mark (India)Pvt. Ltd. Vs. Zaheer...

Indian Law: Non payment of my salary, public grievance, negative reply
public grievance, negative reply, mental torture: You have the legal right at any time to terminate the employment contract by complying with the termination clause contained in the contract.Further , your employer is also legally bound to accept it and settle all your outstanding dues. In view of the above,...

Indian Law: non-payment of salary., appointment letter, resignation letter
appointment letter, resignation letter, necessary adjustment: As already advised,since your employer are reluctant to release your dues,you can serve a legal notice to issue the release order,settle your outstanding dues and also threat them that otherwise you shall be compelled to take suitable legal action against...

Indian Law: Notice Pay Not Paid, principles of natural justice, mail correspondence
principles of natural justice, mail correspondence, mental torture: It depends upon the terms of the contract.Since in the instant case,3 months notice -pay in case of termination,you have every right to claim it.Further services of a permanent employee cannot be abruptly terminated without holding a proper inquiry.It is against...

Indian Law: Passport- Name change of my son, passport name change, clerical mistake
passport name change, clerical mistake, passport office: It was a mistake on the part of your son.He should have filled-up the application form correctly.The same name as appears in his ID Proof should appear in all his documents. He should immediately visit the concerned Passport Office alongwith with his passport...

Indian Law: PASSPORT REISSUE OR RENEWAL, pass port application, renewing my passport
pass port application, renewing my passport, getting a new passport: You must disclose correct information in your pass-port application form.It is a criminal offence to make false information in the said application.Since the validity period of your existing passport has not yet expired,naturally you are to apply for a duplicate...

Indian Law: Does PF transfer indicate relieving of an employee?, relieving letter, indirect proof
relieving letter, indirect proof, irregularity: Release Order is the proof of your formal release from your existing organisation.Hence, thereafter,neither the said organisation nor any court can hold you liable for any lapse/irregularity committed in the said post.So this is helpful for your own benefit.Further,...

Indian Law: property dispute, false allegation, gifted property
false allegation, gifted property, gift deed: Only the true owner can transfer his interest in the property and nobody else.If any property was gifted to your father through a registered and valid gift-deed, then only he is the true owner of the property and no one else. Everybody has the right to...

Indian Law: Property Dispute, gift deed, family settlement
gift deed, family settlement, transfer deed: After the death of your grand-father,their wealth will devove upon those,whom he expreesed his desire to transfer his property(ies) after his death.However, if he died intestate,then his wealth will be distributed equally amongst his children equally as per...

Indian Law: Property distribution, hindu succession act, legal heirs
hindu succession act, legal heirs, property lawyer: As per the provisions of the Hindu Succession Act,if a person dies intestate, then his wealth passes to his/her legal heirs as per the Succession Certificate issued by the court.However, if he made a WILL,then as per the declarations made in his/her last...

Indian Law: Property Issue, legal heirs, younger son
legal heirs, younger son, amount of money: If a man dies intestate, then after his death, his wealth passes to his legal heirs preferably class-I comprising widow,sons/daughters etc.and otherwise to class-II comprising his father, brothers/sisters etc.on the basis of the Succession Certificate issued...

Indian Law: PROPERTY TRANSACTION, criminal suit, penal interest
criminal suit, penal interest, punishment for forgery: Since it was a breach of contract and also a case of cheating, you can file a civil as well criminal suit against the Opposite Party for recovery of the principal alongwith penal interest and criminal punishment for forgery.For further details,please consult...

Indian Law: Property Transfer, hindu succession act, grandfathers name
hindu succession act, grandfathers name, legal heirs: If a Hindu dies without making a WILL,then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs...

Indian Law: Property in wife's mother name, hindu succession act, dying intestate
hindu succession act, dying intestate, certified true copy: In the case of females Under the Hindu Succession Act, 1956, females are allowed equal right of property with sons. The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: 1. upon the sons and daughters...

Indian Law: QUERY ABOUT RIGHT IN PROPERTY, hindu succession act, constitution of india
hindu succession act, constitution of india, deceased mother: Prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated on the ground of gender. It also led to oppression and negation of her fundamental right of equality guaranteed...

Indian Law: RE : BUYING NOTICE PERIOD, relieving letter, appointment letter
relieving letter, appointment letter, amicable relationship: Rachna: 1, If your appointment letter provides for your buying notice period, then your employer has to honour it. Also your gratuity cant be held. 2. Suggest to bring the above to your old employer s notice verbally and also by way of written letter,...

Indian Law: Reg: Divorce by Mutual consent, hypo thyroid, thyroid problem
hypo thyroid, thyroid problem, mental depression: All efforts should be made to settle your divorces with your wife,failing which the following proceduire has to be followed to get the mutual divorce: A joint petition for mutual divorce supported by affidavits and annexures sworn by both the spouses has...

Indian Law: Reg : Stop of pay during notice period, salary payment, payment of wages act
salary payment, payment of wages act, notice period: Thanks Vijay for your referral. Employer has NO right to hold payment of salary merely for your having resigned and being under notice period. This is since salary has to be paid once a month in terms of Payment of Wages Act. Stoppage of salary...

Indian Law: Regarding breaking bond with the institution., india pvt ltd, master degree program
india pvt ltd, master degree program, assistant lecturer: Answer: Generally a service bond is illegal in India as it is one sided. Further, as per Section 27 of the Indian Contract Act, 1972, it is not legally valid, being agreement in restraint of trade, profession or business . Percept D Mark (India)Pvt. Ltd. Vs....

Indian Law: regarding notice pay, labour court, notice period
labour court, notice period, period of notice: Where the employee has served the prescribed period of notice,it is not necessary for the employer to wait till the completion of the notice period before dispensing with his services.For example, when the employee served a notice of one month on the employer...

Indian Law: Regarding PF Transfer incase of non relieving from Previous organization, relieving letter, provident fund
relieving letter, provident fund, appointment letter: You have every right to terminate the contract of employment by complying with the termination clause contained in your appointment letter.If you have done so, then you have nothing to worry about.Further, since you have joined the new organisation by resigning...

Indian Law: Regarding Property, legal heirs, granmother
legal heirs, granmother, making a will: If a man dies intestate, then after his death, his wealth passes to his legal heirs preferably class-I comprising widow,sons/daughters etc.and otherwise to class-II comprising his father, brothers/sisters etc.on the basis of the Succession Certificate issued...

Indian Law: Relieving on Medical Grounds, appointment letter, medical grounds
appointment letter, medical grounds, termination of contract: She will have to terminate the contract as per the terms of her engagement.The standard clause is that the contract may be terminated at any time by either party by serving the prescribed period notice or pay in lieu thereof.Normally the notice period is one/three...

Indian Law: Required advice u/s138, cheque, lawyer
cheque, lawyer: Since you intend to sell the property to the lady,you are supposed to receive the payment directly from her and not from her husband.Therefore, there is no merit in filing a cheque bouncing case against any/both of them.You should simply return the cheque...

Indian Law: Resignation- H1B bond amount, india pvt ltd, personal enhancement
india pvt ltd, personal enhancement, restrictive agreement: Answer: Generally a service bond is illegal in India as it is one sided. Further, as per Section 27 of the Indian Contract Act, 1972, it is not legally valid, being agreement in restraint of trade, profession or business . Percept D Mark (India)Pvt. Ltd. Vs....

Indian Law: Resignation and notice period, auto parts company, gross salary
auto parts company, gross salary, lieu of notice: As per the terms of your engagement, contract may be terminated by either party giving two months notice on confirmation. Moreover, employer has the right to recover the shortage in the notice-period and the Company may at its discretion relieve you from...

Indian Law: Salary During Notice Period, notice period, due dates
notice period, due dates, employe: As long as a person remains an employee of the company,he shall be entitled to his entitled wages on the due date of payment as per the terms of his engagementvide section 3 and 5 of the Payment of Wages Act.However, in case of notice period he will be entitled...

Indian Law: settlement of a will, sole heir, municipality
sole heir, municipality, probate: If your father died after making a valid WILL, subject to probate the ownership of the property will transfer to you.If it has already been done, then it will be necessary to make necessary changes in the revenue records of the Municipality. In view of...

Indian Law: Spelling Change, passport size photographs, spelling change
passport size photographs, spelling change, ministry of home affairs: You can change your name through Gazette Notification by following the procedure given below: Govt.GUIDELINES FOR CHANGE OF NAME FOR MAJORS NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding Change of Name, addition or deletion...

Indian Law: talking in public with girlfriend, indian penal code, obscene remarks
indian penal code, obscene remarks, criminal offence: Crime is the breaking of rules or laws for which court can convict a person. A person cannot held liable for a criminal offence unless he was in a guilty-mind.So mains-ria must be there to hold a person criminally liable.It is certainly not a crime just...

Indian Law: termination from employment, principles of natural justice, relieving letter
principles of natural justice, relieving letter, experience letter: A permanent employee cannot be terminated without first holding a departmental inquiry.If they have done so, it will be against the principles of natural justice because the employee must be given an opportunity to defend himself.Moreover, termination should...

Indian Law: Validity of Employment Bond, which guarantees freedom, legal validity
which guarantees freedom, legal validity, stamp paper: If an instrument which is required to be executed on a Stamp Paper and remains un-stamped,it will not be acceptable in evidence.However, it can be legalised by paying the penalty as well as the apprpriate stamp duty. Employment Bond in India is generally...

Indian Law: Wife and minors get stay on selling ancest prop by husband, ancestral property, kids education
ancestral property, kids education, counselling: If the husband is the owner of the ancestral property ,he has every right to transfer interest in it through sale,lease,gift etc. and for that purpose consent of nobody is required.However, since the property is already mortgaged with the Banks, it cannot...

Indian Law: Job Relieving letter, relieving letter, probation period
relieving letter, probation period, resignation letter: Dear Amarendra Actually the employment conditions between you and the company is as per the employment contract. Hence there is little that can be done legally. But having said the same, if your employment contract speaks of a buy out of your notice period...

Indian Law: leave adjustment, contract appointment, appointment letter
contract appointment, appointment letter, question service: Thanks Yachna for your referral One needs to look into the Service Conditions applicable to you to answer your question. Service Conditions include your service contract (appointment letter), your organization s HR Manual, Leave Rules, Regulations,...

Indian Law: property issues, property lawyer, parents name
property lawyer, parents name, legal proceedings: Thanks Utpala for your referral. My understanding of your situation is: (a) There is a property at your native place in your parents name. (b) It is self acquired by your parents. It is not ancestral or inherited. (c) Your parents are currently...

Indian Law: Query on settlement deed, registration document, younger son
registration document, younger son, difference of opinion: Hello Shivashankar, Your mother owns a land and now you and your brother are contemplating to develop the property by constructing ground and first floor by availing loan. The first and foremost important factor is division. If the land can be divided...

Indian Law: Transfer of property from father to son, bhubaneswar, stamp duty
bhubaneswar, stamp duty, brother and sister: Dear Ratnakar I would suggest a settlement deed by your father in your favour. That will save you money as you will need to pay less for stamp duty. But as you are in Orisa, it is better to consult a local Advocate as he stamp duty differs from state to state....

Indian Law: Ancestral property, ancestral property
ancestral property: Thanks Pravin for your referral. Yes; if the home (property) was indeed ancestral i.e. inherited by your father from his father etc and not self acquired by your father, then every descendant of your father gets a right by birth in the property. Thus, you...

Indian Law: Company forced to serve notice period even if contract doesn't mentions it, relieving letter, release letter
relieving letter, release letter, notice period: Thanks Hrushikesh for your referral. i sympathize with your situation appreciating that at times employers adopt practices which are not just and legal, merely with a view of retaining needed employee, taking advantage of the fact that an employee is always...

Indian Law: Complaint to get Receipt of paid amount (64421/-) to company as notice period, reimbursement, receipt
reimbursement, receipt, evidence of payment: Thanks Shailendra for the referral. Am unclear why you paid the amount to previous company (was it the notice period pay? or anything else?) and how you paid it. Always provide full relevant information while making a query. My guess is it was for short...

Indian Law: Correction of name spelling on Certificate, Name Spelling Change
Name Spelling Change: Thanks Shital for your referral. Please do not worry too much. If your name is appearing different only by way of spelling (Sheetal instead of Shital) in your BE certificate alone, while it is correctly stated as Shital in all your other certificates,...

Indian Law: Daughter's rights over HUF property, hindu succession act, legal heirs
hindu succession act, legal heirs, eldest grandson: Dear Bharath As per the amendment of the Hindu Succession Act,2005 a lady gets equal share an Hindu HUF property.Hence your will be entitled to a share. Having said that as your grand father is part of an HUF, he can only write a will as far as his share...

Indian Law: inheritance of property, ancestral
ancestral: Thanks Neelam for your referral. Please appreciate that all descendants have a right in the ancestral property. Thus, if your grand father had paid for the property it is ancestral property in the hands of your father as it is not a self acquired by your...

Indian Law: Job Refusal after appointment letter, Job Refus, Withdrawl
Job Refus, Withdrawl, Not letting to join: Thanks Rahul for your referral. Appreciate that you are facing tough time and let me extend my moral support. Your new company should have done their homework (like verification with old company etc) before issuing the appointment letter to you. It is...

Indian Law: Joining without relieving letter & resignation acceptance, mail letter, letter resignation
mail letter, letter resignation, relieving letter: Dear Manoj Yadav As now you are part of the old organisation, you are bound by the employment contract. If the notice period is 3 months, then you will need to serve the time period. If the same is not done by you, that will amount to breach of contract and...

Indian Law: Legal Hier, legal heirs, grand mother
legal heirs, grand mother, thanks in advance: Dear Harsh That depend on the wording of the will. If the grandmother has written in the will that she wants the Jitendra s wife and children to enjoy the property even if Jitendra passes away, Jitendra s legal heirs will enjoy the same. If there is no such...

Indian Law: NOC or Release letter for change of jobs in PSUs, NOC, proper channel
NOC, proper channel, PSU: Thanks Jai for your referral. My presumption is, a PSU requires that a person working with another PSU should obtain NOC/ send the application via such PSU where the person is working. Interview is a consequence of application and a view could be taken...

Indian Law: personnel loan, legal heirs, legal heir
legal heirs, legal heir, loan amt: Thanks Vishal for your referral. (A) Firstly, let me make it clear that legal heirs of a deceased person are responsible for your father s dues only to the extent of the deceased person s property inherited by the legal heirs. Thus, you do not automaticaly...

Indian Law: Property settlement through court between siblings, property, partition
property, partition, settlement: Thanks Goutham for your referral. 1. Please firstly appreciate that you will have right only to following property (a) ancestral property; and (b)property acquired by your father, which he has not given away by way of gift during his lifetime or which...

Indian Law: Regarding Change Name, name difference
name difference: Thanks Ranjan for your referral. Yes, you are thinking in the right direction that you should have all records showing the exactly same name/ same spelling for the same of consistency and continuity. It would been better, if you had been careful to...

Indian Law: Related to Property, stake claim, civil lawyer
stake claim, civil lawyer, strange problem: Dear Kiran If your father dies interstate (without writing a will), then even if you had taken loan your sister will be entitled for a share. That is because the money you spend will get amalgamated with the property. On the other hand, your father will be...

Indian Law: Relieving letter or NOC?, relieving letter, objection certificate
relieving letter, objection certificate, psus: Thanks Arun for your referral. To answer your question conclusively, one needs to look at the rules of the respective PSUs and what each of them means by NOC and relieving letter. Generally, to my knowledge, -NOC is a No Objection Certificate which...

Indian Law: Resignation, freedom of work, reliving
freedom of work, reliving: Thanks Pratap for your referral. Appreciate your extra cautious approach. Please do not worry as while your employer may request you to stay on if your work is likened etc (which reqequest you may consider as appropriate), there is no reason to belive...

Indian Law: right to grandfather's property, ancestral, will
ancestral, will, gift: Thanks Rajesh for your referral. 1. You inform that the house was built by your grand father. It is unclear on whether the land underneath the house was ancestral hand inherited by your grand father or the said land was self acquired by your grand father....

Indian Law: tenant not vacating shop, breach of lease, property lawyer
breach of lease, property lawyer, court proceedings: Thanks Girish for the referral. While you are in New Zealand as you have stated, i presume the property if in India and given to the tenant on permanent lease or tenancy. If so, you can get the propery vacated by appropriate court proceedings on one...

Indian Law: Change in children's last name after parents' divorce, neena gupta, sole custodian
neena gupta, sole custodian, maiden surname: Thanks Nidhi for your referral. Appreciate that you wish your daughter not using her biological father s surname considering- -your daughter is under your exclusive care and custody and not of her biological father; and -you and her biological father...

Indian Law: Child's surname different from parents, sai kumar, maharasthra
sai kumar, maharasthra, proof of identity: Thanks Himanshu for your referral. My sympathy is with you as you are indeed facing a difficult situation without doing or asking for anything wrong or illegal. It is merely a choice. Please appreciate, you are seeking something uncommon and the the...

Indian Law: Can a court in India order a man to pay child support, yes or no?, india law, child maintenance
india law, child maintenance, cr: Yes, there are provisions in India law by which the courts can order Child support, or as termed in Indian Law Child Maintenance . The most important section is Sec-125, Cr PC. A person can be sent to prison if he does not pay the maintenance as ordered by...

Indian Law: doubtful about my joining, legal query, confirmation letter
legal query, confirmation letter, offer letter: Thanks Amruta for your referral. This is not strictly a legal query. However, let me try to give you some comfort. Please be positive and have no worries. If you clear your BE before joining, you should not have any difficulty. If you don t clear...

Indian Law: Dual Employement, contract appointment, appointment letter
contract appointment, appointment letter, sleeping partner: Thanks Anand for your referral. You need to look into your employment contract (appointment letter+ HR Manual/ Rules etc) whether it prohibits you from doing what you wish. If it does not prohibit, then there should not be an objection to it. However,...

Indian Law: Experience certificate and clearance time after leaving job, experience letter, experience certificate
experience letter, experience certificate, maximum days: Hello Neha Chananna, The duty cast upon the employer is after accepting the resignation and relieving the employee, the settlement has to be the day the employee is relieved. Since this is a government institution, they have procedural delays, but not to...

Indian Law: Salary during notice period, court judgement, salary
Indian Law: Salary during notice period, court judgement, salary

Indian Law: Gift deed, legal heir, hindu law
legal heir, hindu law, gift deed: Hello Mani Kanta, If the property devolved by succession and inheritance as the legal heir of the deceased, the same become the property of the heirs. Once the devolution is complete, in my opinion, the same can be transferred by any mode. If there are...

Indian Law: Issue pertaining to my resignation and full and final payments, mischievous design
mischievous design : Thanks Rohit for your referral and clear description of the matter. 1. Appears the Company is acting unfair and unjust and trying to avail of benefit both ways of its mischievous design as can be clarified as follows: 2. Provision (in the appointment...

Indian Law: Land in india, jasbir kaur, ancestral property
jasbir kaur, ancestral property, grandad: Thanks Jasbir Kaur for your reference. Yes; you certainly have legal right to share in the land as the land is ancestral property of your father it having come to your father from your great grand father. Please also see my pas answers where this is...

Indian Law: Lease Agreement for 3+3+3 9 years ( With rent apprevciation after every 3 years), tenancy laws, lease agreement
tenancy laws, lease agreement, shopping mall: Dear Shalbin Samuel It is preferable that you give Lease for 11 months and renew the same. In that way the tenant cannot set up a claim under the tenancy laws. And if you want to terminate the lease agreement, you can from that time on use the shop for your...

Indian Law: POSSESSION ON THE PROPERTY, negotiation table, property lawyer
negotiation table, property lawyer, family settlement: Thanks Varun for your referral. If your father was a joint owner of a property, you have a legal right to ask for your share in the property. If you are not happy with what you are offered, then you can file a suit in the court of law for family settlement/...

Indian Law: regarding salary, contradictory statements, notice period
contradictory statements, notice period, nidhi: Dear Nidhi On the onset let me apologise for the delay in replying to your query. Anyway coming to your question, I would state that you are entitled to get the salary for the time you have worked with the establishment. The management cannot withhold the...

Indian Law: Releaving letter concern, gross salary, alternate solution
gross salary, alternate solution, g 91: Dear Prabhu On the onset let me reply that you are bound by the terms and conditions of your employment contract which you have acknowledged. Hence if the same demands that you ought to serve the notice period, then there is nothing you can do about it....

Indian Law: TO RESIGN AND CAUSE LETTER, school absence, previous school
school absence, previous school, emergency leave: Hello Mr. Raj Sharma, You have joined a Government School without resigning and putting the previous school to three months notice which is a deviation of your service contract with the previous school. Absence without pay, in my opinion, cannot be consider...

Indian Law: Salary during notice period, salry, alternate resources
salry, alternate resources, notice period: Dear Ashish Telang You are entitled to get your full salary during your notice period. The motive for a notice period is for the company to find alternate resources before you leave their services. It is not a punishment on the employee in anyway. Hence you...

Indian Law: Security Cheque bounced, sarees, photo copy
sarees, photo copy, retail shop: Thanks Hemal for your referral. It is unfortunate that you are being served notice for payment default when you have already made payment. You certainly have a case since you have paid. This is since outstanding debt (i.e. payment) is pre- requisite...

Indian Law: TDS and form 16, working experience certificate, tax lawyer
working experience certificate, tax lawyer, hardware training: Thanks Subhash for the referral. Having deducted the income tax at source (TDS), it is obligatory for the company so deducting to deposit it with IT authorities and issued you TDS Certificate. My suggestion is you should send a registered letter to the...

Indian Law: waiving off recovery of money for Notice Period, proper communications, medical grounds
proper communications, medical grounds, notice period: Dear Geetha The problem faced by you is not unique in the sense that we get a lot of complaints on this ground. I will try to reply to your questions one by one: 1) The answer to your first question is that you can legally get a waiver only if your employment...

Indian Law: agricultural land settlement, blood relatives, benami
blood relatives, benami, general power of attorney: Dear Mr. Tata, The land which you developed belonged to your son. Under his authority you sold the developed plots and from the sale proceeds another land was acquired and the new land was registered in your name and in the name of your second wife. ...

Indian Law: Property Distribution, legal option, property distribution
legal option, property distribution, sister and brother: Rakesh: Thanks for your referral. 1. While you say the house is in your name, it appears that it was purchased in your name by your father putting his money and thus the beneficial owner of the house is your father while you are the ostensible legal owner...

Indian Law: property issue, rafiuddin ahmed, r ahmad
rafiuddin ahmed, r ahmad, eldest brother: Dear M.R Ahmad It is irrelevant weather you have invested in a joint family property because such investments becomes part of the joint family properties.But having said that, you are entitled to partition. If the others do not consent, then you will need...

Indian Law: refund salary, unnecessary hassle, experience certificate
unnecessary hassle, experience certificate, serving notice: Vedashree: Thanks for your referral. It is a matter of shame that your employer is avoiding to pay your dues.You have to pass through unnecessary hassle due to it and my sympathy is with you. In the given circumstances, suggest that: (a) Firstly,...

Indian Law: Religious discrimination at workplace, jp morgan chase, morgan chase bank
jp morgan chase, morgan chase bank, jp morgan chase bank: Thanks Syed for your referral. Certainly, no one can be discriminated in India on the basis of cast, creed, religion, gender etc, which is unconstitutional and hence completely illegal. Thus, please rest assured, you cant be terminated on the basis of...

Indian Law: rigths of labour, workmen compensation act, vicarious liability
workmen compensation act, vicarious liability, ingress: Hello Gaurang, There are two main ways that an employer can be held liable for any incident that may take place during the course of employment caused to an employee: negligence on the part of the employer and vicarious liability. In the context of your...

Indian Law: Salary not received from company., payment of wages act, notice period
payment of wages act, notice period, month of april: Thanks Sampada for your referral. Your query is very valid. To answer it: No. An employer cant legally keep payment of salary pending for payment merely for the reason of the employee having resigned. Salary should continued to be paid as in past on...

Indian Law: Specific performance of unregistered document., stamp paper, recd
stamp paper, recd, specific performance: Thanks Narain for your referral. It appears you have no evidence of having tried to complete the transaction, where as other other side has created it. Therefore, your case does not appear strong to me and outcome of the court case is more likely to be...

Indian Law: unsecured loan given to private limited firm, interest free loan, pay back period
interest free loan, pay back period, rtgs: Thanks Yogesh for your referral. i am presuming that, the loan amount was received in your company s account and not in your personal account and you or the company has not signed any agreement or made any writing as regard the loan with the person(s)...

Indian Law: Absence of Relieving letter due to non-payment of Employment Bond. Subsequent Employer Termination., relieving letter, gross salary
relieving letter, gross salary, financial constraints: To answer your questions: 1. I have already suggested this. Humbly pursue it with that bank and you may succeed. 2. It is a choice of new employer. There is no law which requires it. 3. No; thats not advisable. 4. Am surprised that you are blaming...

Indian Law: Not accepting resignation, relieving letter, hari krishna
relieving letter, hari krishna, bank of america: Thanks Hari for your referral. You have nothing to worry about. You may please follow the following course of action: 1. Firstly please meet with your new employer and -share your situation that- -you certainly wish to join, however your current employer...

Indian Law: bombay stamp act, govt of maharashtra, government of maharashtra
govt of maharashtra, government of maharashtra, broking company: Thanks Manoj for your referral. It is just and legal that if you have remitted excess amount than due to the Government, you should get refund of it. Your case has become indeed interesting owing to Stamp Act not keeping in pace with: (a) Stamping via...

Indian Law: claiming for parents maintainence, welfare of senior citizens, maintenance of parents
welfare of senior citizens, maintenance of parents, gaurav: Dear Gaurav There is a law in India which mandates the looking after and maintenance of Parents and Senior Citizens which is called The Maintenance and Welfare of Senior Citizens Act, 2007. Under the provisions of this Act, a son or a daughter will be liable...

Indian Law: FAMILY ANCESTROL PROP SUIT, sir case, hindu family
sir case, hindu family, property lawyer: Thanks Josh for your referral. You may file a suit against your chachi for the amount of your share in the old property or for declaration yourself being the joint owner of the new property, given the money with which your grand father bought it was not...

Indian Law: Is it within law to resign from client side., notice period, parent company
notice period, parent company, resignation: Thanks for your referral. Yes; you can resign while being on the client s site i.e. when you are deputed by your company to some other company for work. This is since you have a right to work or not to work for any employer. Hence, you can resign...

Indian Law: LEGAL HELP, labour commissioner, labour court
labour commissioner, labour court, employment lawyer: Thanks Rakesh for your referral. You may file a civil suit where the cause of action arose. Thus, it is advisable to file it in Delhi where your office was situated. Consumer court has nothing to poweres in this matter. Suggest to approach a Labour...

Indian Law: Name Clarifications, passport application, applying for a passport
passport application, applying for a passport, unnikrishnan: Hello Divya, Correct name is very important in all academic certificates. The name in your voters card can be changed easily as you need to give an application for correction of the name on the basis of your PAN card and bank statements. The only issue...

Indian Law: Need Help, appointment letter, interview period
appointment letter, interview period, offer letter: Thanks Abhay for your referral. Appears your employer is taking you for a ride. Firstly, it is not appear to retain original marksheet etc. Now there is no reason why it should require 45 days to return the documents. Suggest to insist for return...

Indian Law: Notice Pay recovery, relieving letter, appointment letter
relieving letter, appointment letter, gross salary: Thanks Bijal for your referral. Appreciate your problem. However, there appears no legal case in your favour. By way of commonsense, i may suggest that the best course for you is to negotiate with your previous employer to reduce the amount payable and...

Indian Law: PIP and medical leave, performance improvement plan, indian courts
performance improvement plan, indian courts, performance issue: Shabnam: Thanks for your referral. Appreciate that you are passing through a difficult situation. My sympathy is with you. You state that you are in UK but have not stated where your husband is; whether in India or in UK. Also you haven t stated whether...

Indian Law: property dispute, civil lawyer, property dispute
civil lawyer, property dispute, six acres: Dear Prashant Ingle As your aunts have already given their no objection, they have given up their share on the property. Hence the same cannot now be revoked. Having said that, you have not elaborated on the term no objection . Hence I am not able to pinpoint...

Indian Law: Property Dispute, family dispute, property dispute
family dispute, property dispute, grand mother: Thanks Vaibhav for your referral. Women have equal right in the property. Thus if- (a) your grand mother s property is self acquired by her or by her husband; (b# the grand mother has not given it to any one under her will; and #c# her husband is...

Indian Law: property divided among 4 son 1 is not getting one and other 4 are staying in that property, city surveyor, city survey
city surveyor, city survey, extra room: Dear Vikas It is very difficult to give a reply to your question. Legally there are no fixed rules as to how such a division can be done. It all depends on how you come to a settlement. The best course I feel is for your uncles to pay and buy your share....

Indian Law: Regarding Loan Problem, banking ombudsman, loan problem
banking ombudsman, loan problem, interest waiver: Thanks Dixshant for your referral. Suggest in the given circumstances to approach the bank in person and convey your desire to pay but needing some concession owing your inability and hence seeking some interest waiver. This may work. You should also submit...

Indian Law: Resignation during the Contract period, campus recruitment, contract period
campus recruitment, contract period, training period: Hello Samson, If you are a campus recruitment and based on your studies and ability, you should be assigned with the work. If there is deviation in the work and pattern, you are wasted and this can be bought to the notice of the HR and Management. Now...

Indian Law: Salary Hold during Notice Period, payment of wages act, notice period
payment of wages act, notice period, salary: Thanks Sangeeta for your referral. No. On the other hand, Payment of Wages Act requires salary to be paid once a month!!! It is highly incorrect and illegal for any employer to stop paying salary or any other amounts which become due, merely for the...