About Experts Sitemap - Group 30 - Page 4 2014-08-26

Indian Law: leave policy, calender year, unknown friend
Indian Law: leave policy, calender year, unknown friend, fifteen days

Indian Law: Name Change, ministry of external affairs, gazette notification
Indian Law: Name Change, ministry of external affairs, gazette notification, change applications

Indian Law: Name Correction In Passport, passport application form, surname field
Indian Law: Name Correction In Passport, passport application form, surname field, attention thanks

Indian Law: Name change in Birth Certificate, javed, jan 2005
Indian Law: Name change in Birth Certificate, javed, jan 2005, birth certificate

Indian Law: Name problem in Passport., high school certificate, intermediate certificate
Indian Law: Name problem in Passport., high school certificate, intermediate certificate, graduate certificate

Indian Law: Notice Pay calculation., gross salary, notice period
Indian Law: Notice Pay calculation., gross salary, notice period, gratuity

Indian Law: Notice Period Harrssment, gross salary, notice period
Indian Law: Notice Period Harrssment, gross salary, notice period, bpo

Indian Law: name correction in tenth certificate, twelfth class, satti
Indian Law: name correction in tenth certificate, twelfth class, satti

Indian Law: notice period, amendments
Indian Law: notice period, amendments

Indian Law: Offer letter legality, offer letter, legal actions
Indian Law: Offer letter legality, offer letter, legal actions

Indian Law: Onsite undertaking and resignation, presidentofindia, private engineering
Indian Law: Onsite undertaking and resignation, presidentofindia, private engineering, engineering colleges

Indian Law: paternity leave, maternity, doubt
Indian Law: paternity leave, maternity, doubt, male employee

Indian Law: Ration Card - Age Proof, ration card, birth certificate
Indian Law: Ration Card - Age Proof, ration card, birth certificate, proofs

Indian Law: Regarding Forcing to sign a BOND, visa fees, gurgoan
Indian Law: Regarding Forcing to sign a BOND, visa fees, gurgoan, jawad

Indian Law: Releiving from services, indian constitution, routine work
Indian Law: Releiving from services, indian constitution, routine work, javed

Indian Law: Relieving Letter, resignation letter, hp
Indian Law: Relieving Letter, resignation letter, hp

Indian Law: regarding company bond, lawful consideration, legal relationship
Indian Law: regarding company bond, lawful consideration, legal relationship, contract act 1872

Indian Law: No relieving letter
Indian Law: No relieving letter

Indian Law: what rights do i have, custody plan, single mom
Indian Law: what rights do i have, custody plan, single mom, indian blood

Indian Law: Cannot serve notice period, salary slip, current company
Indian Law: Cannot serve notice period, salary slip, current company, bank transactions

Indian Law: Training Bond, a4 sheet, 10 months
Indian Law: Training Bond, a4 sheet, 10 months, raj

Indian Law: Troubled by present employer, post dated cheques, salary hike
Indian Law: Troubled by present employer, post dated cheques, salary hike, salary package

Indian Law: How find good outsourcing of web research, binding arbitration, geranimo
binding arbitration, geranimo, indian professionals: Dear Geranimo, If you wish to contract with Indian Professionals for mediation and binding arbitration you need to travel to India and hire a firm specializing in recruiting and consulting who will be able to screen and short list professionals that are...

Indian Law: full n final settelement figures, provident fund, corporate citizens
provident fund, corporate citizens, absconding: Dear Manish, You have absolute right to question your employer on withholding your privileges, though in terms of their policies you are regarded as absconding but that does not mean that you are not entitled to know the final settlement figures. Absconding...

Indian Law: Giving resignation notice during bond period, resignation notice, valid request
resignation notice, valid request, notice period: Hello Amitash Kumar, The difficulty is the understanding of the term that are agreed in the contract, if you say that if the employee terminates his employment between 12 to 18 months of regularization then he is liable to pay the bond amount. Your employment...

Indian Law: Gujarat Property Law, gujarat state, letter share
gujarat state, letter share, share application: Hello Kinjal, If there are any amendments to the law relating to Registration of property in Gujarat State, then I may not be able to assist you as only a local lawyer at Gujarat would be an appropriate person to answer it. The general principle of allotment...

Indian Law: H1-B bond breakage, validity period, bond request
validity period, bond request, partial waiver: Thanks Poonam for your referral As replied in several my past replies, a bond is good in law if and to the extent the employer has sent or invested on the employee by way of training etc. Thus, a bond as mere retention tool is not good in law Thus, if...

Indian Law: Harrashmen over phone from Bank, visa credit card, insurance card
visa credit card, insurance card, insurance scheme: Hello Dinakaran, I know how difficult it is to answer these kind of marketing calls and harassment by the companies. The Government having to know these kind of unsolicited calls has regulated a law which is called THE DIRECT MARKETING TELEPHONE CALLS (REGULATION)BILL,...

Indian Law: Harrasment by Boss, appointment letter, govt department
appointment letter, govt department, legal option: Khamma: Thanks for your referral i fully appreciate your position of discontent By your own admission, your company is passing through financial difficulties and unable to pay salaries Hence, this may not be the best time to insist for increments...

Indian Law: Hi,Harrassment form an employer. keeping original certificat, salary slip, education certificates
salary slip, education certificates, judicial scrutiny: Hello Shridhar, The only course open for you friend is to approach the police and lodge a complaint for atrocity and withholding of the original certificates and demanding money in lieu of the certificates amount to extortion. Your friend may not have earned...

Indian Law: Holding back the certifacates for breaking the bond, certifacates, salary hike
certifacates, salary hike, contracted agreement: Hello Dominic, It is unethical to hold any employees certificates, testimonials and other certificates. The issue of payment of the amount under a contracted agreement is different from that of holding the certificates, this amounts to holding for a ransom...

Indian Law: Home Loan, face allegations, breach of trust
face allegations, breach of trust, peson: Mandar: Thanks for the referral Looks, you have several questions and hopefully i catch them all and answer below, presuming they are in relation to a loan availed from a bank by a borrower against property owned by the borrower: Q.1: When can a...

Indian Law: Home loan, nri status, false declarations
nri status, false declarations, repayment ability: Asha: If you are a NRI you are and can not avoid it and should not avoid by making false declarations etc Banks are basically concerned with the borrower s repayment ability and security for the loan, rather than the borrower s NRI status Hence you...

Indian Law: hi, allexperts, javed
allexperts, javed, contact details: Hello Saurabh, You have no question to ask me and desire my contact details. I regret to provide you with my contact details as they are published on the net. May I ask you to be in contact with me at AllExperts if you have any question on Indian...

Indian Law: is hutch liable if customer service is inadequate and full set of services is not given to customer, nodal officer, adequate service
nodal officer, adequate service, incoming services: Thanks Kiranjeet for your referral This is a matter of customer grievance which needs examination of evidence on both sides to decide on who is right and who is wrong. In any case a service provider is always liable for service deficiency if proved Suggest...

Indian Law: Indemnity Bond for Training, indemnity bond, better prospects
indemnity bond, better prospects, legal angle: Pranav, These issues are dealt by lawyers who specialize in service matters and they get the journals on service related cases. Once you entrust your case to a lawyer with service orientation and background he/she will be able to guide you appropriately...

Indian Law: Indemnity Bond for Training, indemnity bond, relieving letter
indemnity bond, relieving letter, appointment letter: Dear Nitin, Any contract reduced in writing and signed out of free will and consent is enforceable in the court of law. If the particular contract requires stamp duty in accordance to the State law and that document is on plain paper, still the document...

Indian Law: India Wages and Intellectual Property, india wages, patents designs
india wages, patents designs, minimum wages: Dear Mr. Hall, Answer to your question no.1. There are no wage standards fixed in India in so far as the Info Tech sector is concerned. Although the pay was higher until last September and thereafter there has been tremendous decline in the pay scale...

Indian Law: Indian Copyright Law, e mail address, work vests
e mail address, work vests, kind reply: Dear Mr. Khan, The address sought is as follows. Registrar of Copyrights, Copyright Office, Ministry of Human Resource Development, Kasturba Gandhi Marg, New Delhi - 110 011 * Tel. : +91 11 - 2338 24 58 E-Mail : zt.edu@sb.nic.in If you desire...

Indian Law: Indian civil law, public sector bank, relieving letter
public sector bank, relieving letter, salary package: Dear Amit, Since your employer has waived the notice period, it can also be presumed that the amount for the notice period is also waived. Instead of waiting for your employer to sue you for recovery of the amount, you may initiate legal proceedings, on...

Indian Law: Indian Inheritance law, inheritance law, inheritance rights
inheritance law, inheritance rights, religious denomination: Hello Reenita, Thanks for your gesture in naming me in your article. I wish you all the best in your endeavor for writing an article on inheritance, succession and Wills with special emphasis on rights and protection of daughters under the personal laws....

Indian Law: Indian Labour Law on Employee Notice Period, haryana india, collective acts
haryana india, collective acts, labour laws: Hello Akash, The policy you are referring to should be a policy published, circulated and within the knowledge of the employees and only then the effect of the change in the notice period is applicable from the earlier 30 days to the present 90 days. Any...

Indian Law: Influenced will and inheritance, ample scope, immovable properties
ample scope, immovable properties, necessary parties: Hello Mainak Saha, The law relating to succession and testaments has provided ample scope of challenging the Will, its contents and execution. The Will after the death of the executor has to be filed into the District Court for Probate and as necessary...

Indian Law: Info regarding name difference in certificates, general administration department, passport office
general administration department, passport office, authentic evidence: Thanks Rajesh for your referral Thanks for the referral One has to look at your problem legally but provide you a practical solution There is no provision under law of a certificate confining two names of a single person! Therefore, firstly decide...

Indian Law: Inheritance & Property law, pardesh, proper share
pardesh, proper share, law question: Thanks Paul for your further referral To answer your queries: 1. Any person claiming right can start the action individually. However, a joint action by several would obviously sound more credible before the court! 2. If the buyer has purchased the...

Indian Law: Inquire about gazette, general administration department, gazette publications
general administration department, gazette publications, state secretariat: Hello Mr. Khan, To investigate the name change and religion, the person who has undergone the said changes is the better person to tell you. If you need to find out yourself then the forum is the library of the gazette publications with the Secretariat...

Indian Law: IPR, file transfer protocol, material contents
file transfer protocol, material contents, consumer forum: Dear Amit, When you entered into the contract for development of the website and its contents, your anxiety should have been to record in the agreement that any material and pictures on the website becomes your copyright and property and the developer shall...

Indian Law: Issue with a signed bond., legal validity, assets and liabilities
legal validity, assets and liabilities, necessary amendments: Hello Nelson, The status of the employee is the same with the new company until they would want to make the internal changes to suit their needs, it is also possible that this new company being an existing company have their employees who head certain areas...

Indian Law: income tax, income tax act, finance act
income tax act, finance act, allowable deductions: Dear Dinesh, Salary is defined in section 15 of the Income Tax Act, 1961. Likewise deductions from Salaries is defined in Section 16 of the Income Tax Act, 1961 as follows; The income chargeable under the head Salaries shall be computed after making...

Indian Law: indian inheritance, hindu succession act, dwelling house
hindu succession act, dwelling house, sister share: Hello Aanon, Your question is whether the daughter is entitled to the share in the property which was acquired by the father during his life time and after the death intestate would it be said that she still has the right in the property. The father...

Indian Law: indian inheritence, hindu succession act, dwelling house
hindu succession act, dwelling house, sister share: Hello Aanon, If she is obstructed from entering the house, a police report can be lodged against this man which will surely make him understand that things will not be conducive if he has to continue obstructing her. The other remedy that she may avail...

Indian Law: indian inhertance, easement, dear sir
easement, dear sir, tennant: Hello Aanon, As a coparcener she has all the rights to easement and in the event of worst situation may also get the tenant evicted on bonafide requirement and on the ground of sub letting the ground floor without any authority of the tenant. The best...

Indian Law: indian law, foreign investments in india, reserve bank of india
foreign investments in india, reserve bank of india, hotel in india: Hello Gaby, To establish and conduct business in hospitality industry and building a hotel with an Indian Partner is a good news. You are welcome to India. As for your concern on the partnership, it is better that you know about your stand in venturing...

Indian Law: inheritance /family, allah abad, left behind 3
allah abad, left behind 3, legal heir: Dear Parveen, The family genealogy is not important issue but the properties, both moveable and immovable. According to you your great grand father and your grand father held land and other assets in Nehtore Bijnore, India and after since your mother...

Indian Law: inheritance property, legal heirs, family settlement
legal heirs, family settlement, cultivating the land: Hello Rajesh, The issue on hand becomes complex with passage of time and the property that is inherited by your aunt and she is cultivating the land becomes the property of her legal heirs. Since there is no specific distribution by way of partition...

Indian Law: investing, income tax act, indian currency
income tax act, indian currency, indian citizen: Dear Sooryamalai, Thanks for choosing me to answer your question. The amount of 1000$ each sent by your son and daughter can be safely invested in any good mutual fund instead of making a fixed deposit of the amount which will fetch very less interest....

Indian Law: job app, surety bond, javed
surety bond, javed, good company: Dear Karen, At the time when a person is desirous and require a job and opening in any good company and if they are absorbed by such company initially as a trainee and then on permanent basis. At this point of time the company utilizes the need of the...

Indian Law: Labour Law in India, labour law in india, labour laws
labour law in india, labour laws, oriented issues: Dear Carolynn, If you happen to read the answer to the question on labour laws as one of my answers in the past, it was in the context of the working hours and my mentioning that there are no labour laws as such in India, I was on the direct issue of Labour,...

Indian Law: Labour Laws, minimum wages act, false propaganda
minimum wages act, false propaganda, medical attendance: Dear Mr. Krishna Thanks for choosing me to answer your question. Your first question is with regard to the working hours in a company where you are employed. There is no particular law in India as Labour Law but in general parlance, the word labour laws...

Indian Law: Land Dispute, peaceful possession, cultivating the land
peaceful possession, cultivating the land, land dispute: Hello Ravi, If you have purchased the land about 20 years ago and cultivating the land and now the Government through the Tasildhar has issued you with a notice and intimated that the land will be taken over in 2 months in my opinion is outside his authority....

Indian Law: Law Student, case laws, college library
case laws, college library, endeavor: DearMr. Menon, Thanks for choosing me to answer your question. You have been very curious to know about your successful career in law. Success always depends on the set goals and the endeavor you put in to acheive the goal. While you are in 1st Sem...

Indian Law: Law self-study, common law system, civil law system
common law system, civil law system, acts of parliament: Vishwas, Thanks for your question. It is indeed worthwhile for anyone to study law. This is irrespective of one s academic or social background. Study of law certainly helps one to be just and equitable in life besides makes one sharp and balanced...

Indian Law: Law, innocent peoples, foolish act
innocent peoples, foolish act, bakra: Dear Dimitrz, Thanks for choosing me to answer your question. It is indeed good to hear that there is someone who wants to know the legal position of these kinda of shows being aired at the cost and expense of some persons misery in getting fooled and...

Indian Law: Lawer for name change legal procedures, legal formalities, change thanks
legal formalities, change thanks, lawers: Dear Mr. Vijay, Thanks for your compliments. I know a lawyer in Bangalore but I am not sure if he undertakes these work or not. You may call him and refer to my name and seek his advise on your issue. My friend s name is Muthanna and his mobile number...

Indian Law: Lawyer Contact info, lawyer, aa
lawyer, aa: Hello AA, I am not aware if the lawyer who is closely associated with me would be able to assist you in the matter. Yet you may call him and take his advise and find out if he would be able to suggest any good lawyer to you. His name is Muthanna and his...

Indian Law: LEGAL NAME CHANGE, general administration department, legal name change
general administration department, legal name change, legal formalities: Dear Diba, The suggested name change by your astrologer can be done by making an affidavit before a First Class Magistrate having jurisdiction over your domicile and submit to the General Administration Department (GAD) with the State Government. Thereafter...

Indian Law: Leave Policy, labour laws in india, javed
labour laws in india, javed, general principles: Hello Umama, The leave policies are formulated by the Company in accordance to the laws applicable in governing the employee related issues. Labour laws are combination of many laws relating to the employees and it does not really reflect that all the...

Indian Law: Legal action based on offer letter, letter thanks, offer letter
letter thanks, offer letter, endeavours: Thanks Gaurav for your referral To answer your question: Yes; theoretically the company whose offer you accepted and did not fulfilled can sue you for damages but may not be able to stop you from joining another company. Practically, it is unlikely that...

Indian Law: Legal Bond with company, educational certificates, legal bond
educational certificates, legal bond, monetary loss: Dear Alok Sharma, The difficulty with any employer is to retain the employee for its benefit and in lieu of it compensate the employee for the services rendered by him/her. It is also that an employer on abrupt leaving of the employee is dislocated and...

Indian Law: Legal Clarifications., settlor, natural parents
settlor, natural parents, case case: Dear Shiva, It is an issue that require a bit of research and it is not possible to suggest or advise you upfront. I may be taking a while to answer as it relates to two separate areas, Gift and Trust. The concept that the property is given in settlement...

Indian Law: Legal Validity of Signed Deputation Letter, relieving letter, experience letter
relieving letter, experience letter, legal validity: Thanks Sanjukta for your referral You are in fact asking about validity of the employment bond (of USD10,000.-)contained in the deputation letter An employment bond is not good at law if your employer has not spent or invested in your training etc. Thus,...

Indian Law: Long Term Capital Gain from transfer of property, income tax act, long term capital gain
income tax act, long term capital gain, physical possession: Hello Roop, The term long term holding is not defined in the Income Tax Act, the term Long Term Capital Asset is defined in section 2(29A) of the Act. The treatment on the sale of the Long term capital assets is dealt in accordance to Chapter IV E of the...

Indian Law: land dispute, ranjit kumar, city chennai
ranjit kumar, city chennai, ancestral property: Dear Ranjit, Rightly or wrongly your grandfather has executed a registered Will and his assumption is that the property devolves to him and as owner, now he has bequeathed the property to his younger son ignoring the right of his elder son and other family...

Indian Law: leave policy, labour law in india, labour laws
labour law in india, labour laws, consonance: Hello Pooja, Leave policy is the prerogative of any organization in consonance with the laws, Labour laws are combination of many laws and not just one law. Different laws provide different remedies to its employees and any employer or company may formulate...

Indian Law: legal bond agreement, legal bond, routine life
legal bond, routine life, solution company: Hello Parminder, Any contract when signed and agreed upon the conditions of employment the same are enforceable at the option of the other. In your case you have signed a bond for 2 years and in default to pay 1.5 Lakhs and 3 months salary. In the event...

Indian Law: legal bond, dependant visa, legal bond
dependant visa, legal bond, company game: Thanks Keerthana and i understand your predicament Yes, please do inform your employer in advance as you have proposed, further informing your purpose of leaving is to join your husband and not taking alternate employment Have no worry. i don t think,...

Indian Law: legal issues in changing one's name, kausar ali, general administration department
kausar ali, general administration department, paper publication: Hello Kausar, The procedure you need to adopt is to apply for a name change with the General Administration Department (GAD) of the State Government and this office is located at the Secretariat of the Government. The GAD has a format for an affidavit and...

Indian Law: literature on Indian law relating to contract law, banking law, commercial & corporate law,indutrial relations law,environmental law, india reporter, supreme court cases
india reporter, supreme court cases, law environmental law: Dear Vinod, Indeed nice to know your keen interest about learning law. Some standard texts on the subjects are: Contracts: -Indian Contract and Specific Relief Acts, Pollock & Mulla -Sale of Goods, Pollock & Mulla -The Indian Partnership Act,...

Indian Law: Maint, crime branch, personal capacity
crime branch, personal capacity, javed: Hello Aman, The set of facts leading to a rebuttal is always based on the contents of the letter. The letter your father has written is to the GM and that becomes a letter to him in his personal capacity. If your GM gives you the copy of the letter for...

Indian Law: Maint 125, heinous crime, confiscation
heinous crime, confiscation, power of attorney: Dear Aman, It is unethical of a lawyer to call the party to a proceedings pending before the court and threaten him of consequences. If you have the proof of such call being made by the lawyer from a defined number and can establish that the number belong...

Indian Law: Maint, household expenses, mother place
household expenses, mother place, mahila: Hello Aman, The issue of sending money of Rs.6,000/- can also be said that you were paying a certain amount of money from this amount and the remaining were for your wife for the household expenses. Yet to have greater confusion it is better you avoid paying...

Indian Law: Maint, insha allah, indian penal code
insha allah, indian penal code, letter from my father: Hello Aman, There isn t any concrete route to stop these events when your father is outright trying to tarnish your image. Your employer should be taken into confidence on the issue that is going on in India and the case that is filed by your father. ...

Indian Law: Maintenance, immovable properties, immovable property
immovable properties, immovable property, sending money: Dear Aman, In my opinion your case is settled and if you can prove that your father has sufficient income from the rents and owning immovable property and can place some evidence with its worth in today s market, the court may not grant any maintenance...

Indian Law: Maintenance, copies of birth certificates, copy of birth certificate
copies of birth certificates, copy of birth certificate, maintenance question: Dear Aman, To file a suit for partition you require the certified copies of the sale deed documents which your father has acquired and also the market value certificates from the registrar of properties within whose jurisdiction the property falls. There...

Indian Law: Maintenance, hindu law, divorce petition
hindu law, divorce petition, maintenance question: Dear Rakesh, The payment of permanent alimony is ONE TIME and this amount is not fixed by the court and is negotiated between the husband and wife on settlement and divorce on mutual consent. Permanent alimony depends on your wife and if she is insisting...

Indian Law: Maintenance, presiding officer, arguement
presiding officer, arguement, place of employment: Hello Aman, The provisions of law empower the presiding officer to enforce the attendance of the person if he/she is required in the case. This process will take a while and if the judge is satisfied that your presence is required, he may order and summon...

Indian Law: Maintenance for Parents & Sister, section 125, children and parents
section 125, children and parents, togather: Dear Aman, The provisions of section 125 Cr.P.C. relates to Order for maintenance of wives, children and parents. It does not include sister or any other beneficiary of the person against who maintenance is sought. Therefore, your sister is not entitled...

Indian Law: Maintenance, school certificates, maintenance question
school certificates, maintenance question, ur parents: Dear Aman, In these many questions you have asked, there has been some confusion within you and I suggested you earlier to relax and not to worry since your case is being handled by an able lawyer. As for the question in the context of the case already...

Indian Law: Maternity Leave, maternity benefit, private limited company
maternity benefit, private limited company, maternity leave: Dear Nitya, The maximum period for which any woman can be entitled to maternity benefit is twelve weeks. The amount payable is worked out on the basis of the average daily wage and is calculated on the basis of the amount payable to her for the days...

Indian Law: Maternity leave, medical termination of pregnancy, maternity benefit
medical termination of pregnancy, maternity benefit, benefit act: Thanks Mohammed for your referral To answer your queries: Q1 &3. The matter is governed by law as well as her employment contract i.e. appointment letter, service rules, regulations & HR policy of the institution she is working at. Hence request you look...

Indian Law: Matrimonial Issue, hindu marriage act, dissolution of marriage
hindu marriage act, dissolution of marriage, filing a petition: Dear Rahul, The petition for divorce on mutual consent is moved by both of you into the court and presented in person along with certain other petitions by the lawyer to be allowed in assisting the court in the case. At the threshold of filing the petition...

Indian Law: MNC policies for couples, mnc, deputation
mnc, deputation, employment contract: Thanks Maneesh for your referral Frankly, i am not aware of any law in India dealing with this and it is a matter of employment contract which also includes the company HR rules & policies You may however wish inquire to a reputed lawyer at the place...

Indian Law: maternity leave., medical termination of pregnancy, flexi hours
medical termination of pregnancy, flexi hours, maternity benefit: Thanks Anjali for your referral Suggest to plead with them for 3 to 6 months not on the basis of law but as employee friendly/ retention/ diversity policy quoting that many multinationals and reputed Indian companies as well offer such leave and even flexi...

Indian Law: In my mom's passport surname left blank and first name mis spelled., passport application form, public relation officer
passport application form, public relation officer, rajastan india: Hello Sathiya, The passport application clearly states that the forms are machine readable and any information provided in the application form is taken as true content of the application form. These kinds of mistakes generally happen when the passport...

Indian Law: N.I.ACT Sec138 to 142, supreme court of india, competent court
supreme court of india, competent court, javed: Hello Karhikeyan, If the offence relating to the same cause of action, then the answer is no. But if there is a different cause of action to initiate proceedings, then there may be cases filed in different locations. For this there is an answer in law....

Indian Law: N.I Act Section 138, public sector undertaking, supreme court judgment
public sector undertaking, supreme court judgment, state of kerala: Dear Mr. Subrahmanyam, If you may prove to the contrary and the rebut presumption that the cheques in question were given towards security and not in discharge of any legally enforceable debt, either in whole or in part, then you have fair chances of success....

Indian Law: N I act 138, complainant, referral
complainant, referral, memory: Thanks Vinay for the referral A POA holder filing complaint for a company should know from his own memory or from others or from documents about the matter sufficiently. On doing this, such POA may also depose for the company issuing such POA Trust,...

Indian Law: Name Change, change of surname, green cards
change of surname, green cards, thanks in advance: Hello Sathya, I have no idea of the procedure or any website that would provide assistance and procedure for change of surnames in the US. You may need to consult a local attorney who may be able to assist and guide you in your endeavor. If in the...

Indian Law: Name Change, public relation officer, registrar of births
public relation officer, registrar of births, passport office: Hello Alok, The best counsellor is the Public Relation Officer in the given context. If you meet the PRO at the Passport Office he/she will be able to advise you appropriately whether the name change affidavit of the parents will be sufficient for passport...

Indian Law: Name Change for Future Studies, general administration department, authentic evidence
general administration department, authentic evidence, newspaper cutting: Thanks Priyamvad for your referral 1. Generally, for name change of a person the procedure requires filing of an application before the executive/ 1st class magistrate within the jurisdiction of the place of domicile of the person desirous of name change....

Indian Law: Name Change-- what to do next--, prudential life insurance, passport policy
prudential life insurance, passport policy, passport office: Thanks Dr.Udayakumar for your referral Yes, you will have to approach each of the them i.e. bank, passport office, insurance company, UTI etc for the name change in their records and the document issued by them like passbook, passport, policy, units etc...

Indian Law: Name Change Procedure, general administration department, authentic evidence
general administration department, authentic evidence, change thanks: Thanks Srikant for your referral To answer your questions: 1. Generally, for name change of a person the procedure requires filing of an application before the executive/ 1st class magistrate within the jurisdiction of the place of domicile of the person...

Indian Law: Name Change, applying passport, public relation officer
applying passport, public relation officer, passport application: Hello Sasi Suganya, The gazette publication is sufficient compliance to effect the name change. The paper publication is only inviting the attention of general public of your name change and has no bearing with the passport application for issue of new...

Indian Law: Name Correction In Passport, passport application form, fff fff
passport application form, fff fff, fellow volunteers: Hello BA, The Regional Passport Authority has to necessarily keep the data and every region should maintain the details of all the passports issued till date from the time it commenced to issue the passports. As for the affidavit contents, the application...

Indian Law: Name change, general administration department, authentic evidence
general administration department, authentic evidence, gazette notification: Thanks Muthu for your referral Generally, for name change of a person the procedure requires filing of an application before the executive/ 1st class magistrate within the jurisdiction of the place of domicile of the person desirous of name change. On obtaining...

Indian Law: Name change in Birth Certificate, birth details, time activity
birth details, time activity, birth certificate: Hello Alok, You have not mentioned the age of your daughter in your query. This is an important factor since for name change there are certain issues that need to be dealt. If you can provide me with the date of birth details, I will be in a better position...

Indian Law: Name change follow up question, immigration lawyer, passport office
immigration lawyer, passport office, usa consulate: Thanks Prasanna for your referral To reply to your queries: 1. Yes; you can, however at some stage if not at the beginning, the court may require you to appear before it 2. Yes, after following the procedure for name change prescribed by the Passport...

Indian Law: Name change in Indian Passport, maiden surname, indian passport
maiden surname, indian passport, maiden name: Hello Swati, There is no condition or law that the name change is necessary after marriage, except as a tradition that the surname of the husband s family is suffix to the name of the bride. In my opinion, if you don t intend to change your name, there...

Indian Law: Name change, gazette notification, school authorities
gazette notification, school authorities, daughters name: Dear Shaji Thomas, The gazette notification is sufficient proof that the name of your daughter has been changed and for all purposes she should now be called Angelina. If the School authorities are demanding an affidavit then their legal department may...

Indian Law: Name correction for visa, mnc in india, writ petition
mnc in india, writ petition, educational certificates: Hello Vidyadhar, You have done your part in getting the name corrected in your certificates and the only way is to follow up with the concerned officials to expedite the issue. You should have been careful in using your name from the beginning to avoid...

Indian Law: Name differences in certificates, job offer letter, sslc marks
job offer letter, sslc marks, passport application: Hello Vinod, I inferred from the names indicated by you in your first question on the spacing issue. The space and one name, according to me does not make any difference. It will be read as Vinod Kumar Bapure. In your Visa application you need to...

Indian Law: Name is misplaced in Passport, passport application form, educational certificates
passport application form, educational certificates, rpo: Hello Shashank, I understand that your surname is wrongly taken as your first name and vice versa. Are you sure you have mentioned the proper order in the Passport application form? If this is a mistake committed by the RPO, Jaipur, you need to write...

Indian Law: Name in Passport is correct, passport name, similar circumstance
passport name, similar circumstance, educational certificates: Hello Rajesh, In similar circumstance I have in the past answered few questions that name being a noun, the import of an extra alphabet would not really make a difference as the Universities, Colleges, Education Board and other such institutions have this...

Indian Law: Name Problem in Birth Certificate, n krishnamurthy, registrar births
n krishnamurthy, registrar births, civil lawyer: Hello Prukrutha, The correct proposition is that you need to file a suit for declaration that your name in the birth certificate should be as Prukrutha Krishnamurthy and the evidence of use of such name are your records of the academic education, college...

Indian Law: Name problem in Passport., high school certificate, passport name
high school certificate, passport name, civil jurisdiction: Hello Ram Janm Singh, If you have noticed these discrepancies now, is it not too late for you to realize this? Since in your High School certificate your your middle name is spelt as Janm, this is the correct version of your name and when you have noticed...

Indian Law: NOTICE PERIOD CONFUSION, appointment letter, notice period
appointment letter, notice period, gross pay: Dilip: Definition of pay has to be found in the contract of employment between you and your company and not defined under law. Request hence to see your appointment letter, service conditions, HR manual etc to find the definition. In absence of clear mention...

Indian Law: Nomination letter., nomination letter, legal recourse
nomination letter, legal recourse, immovable property: Dear Shri, I have suggested to a WILL for the reason that there will be a document which will help you in future. If there is a nomination that your mother is willing to sign, this will also work as substantial evidence in the event you have to take legal...

Indian Law: Non Acceptance & No relieving Order from employer, ongc videsh, relieving letter
ongc videsh, relieving letter, delhi office: Dear Amit, Your Passport is the first document and it is an important document which cannot be taken away from you in lighter vein, insist on return of the passport else write to the higher up and management including your association that your employer...

Indian Law: Non Payment of decided salary, appointment letter, private organisation
appointment letter, private organisation, service matters: Hello Rajesh, If your wife has been given the appointment letter, perhaps there may be a clause on the notice period. This clause is termed as notice period clause and based on the policy which is published by the company and the same is applicable to all...

Indian Law: Non-Payment of Salary., period salary, probation period
period salary, probation period, mental torture: Dear Vishal, The period you have served the company for a fixed salary and other benefits thereto, you are entitled for the same after necessary deductions, if any. You may issue a notice demanding the payment of your salary for the period served giving...

Indian Law: Notice Bonding, resignation letter, corporate citizen
resignation letter, corporate citizen, employee subject: Dear Vikash, Plain reading of the term it connotes that you need the approval of the group head and then if everything goes well the discretion of the management, in all you still have to pay one month basic salary in lieu thereof. It would mean to say...

Indian Law: Notice Pay calculation., relieving letter, gross salary
relieving letter, gross salary, due process of law: Dear Vijay, Yes, I agree with you that Salary would only include the basic pay, my understanding is that dearness allowance is a distinct factor and in order to arrive at the basis of computing the dearness is percentage value over the basic salary. Therefore,...

Indian Law: Notice Pay and Release Letter, relieving letter, management cadre
relieving letter, management cadre, notice period: Dear Mr. Anil Sinha, As there is a change in the policy of the company it has been made mandatory to serve with 2 months notice. This change has to be notified to all the employees prior to it becoming a policy of the Company. Secondly even if there is...

Indian Law: Notice Pay, relieving letter, resignation letter
relieving letter, resignation letter, appointment letter: Thanks Pranao for your referral 1. i would suggest, firstly pursuing with your present employer for amicable relief with experience certificate and relieving letter to keep your record clean and complete 2. If such approach does not work, you should...

Indian Law: Notice Pd clarificaton, appointment letter, resignation letter
appointment letter, resignation letter, notice period: Sashmita, The policies and rules governing the employees are taken by the management from time to time to improve their performance and also the rules, sometimes there is a relaxation and sometimes the rules become stringent basing on the events that may...

Indian Law: Notice Period, relieving letter, legal remedy
relieving letter, legal remedy, word company: Dear Mr. Agarwal, An agreeemnt signed and executed is binding on the parties to such contract. If you have agreed in principle to give 3 months notice or salary in lieu thereof, it is binding. Since the word company s discretion is used, the prerogrative...

Indian Law: Notice Period is 2 months but want to leave in 1 month and company not negotiating, permanent residence in uk, dear mona
permanent residence in uk, dear mona, hr finance: Dear Mona, The policy on resignation in your services agreement defined the procedure and may be the term agreed is that you need to give 2 months notice of your intention to resign from the gainful employment. If you resign on and with effect from 29th...

Indian Law: Notice Period, relieving letter, appointment letter
relieving letter, appointment letter, previous firm: Dear Sheetal, Any contract signed between two parties of sound mind is enforceable at the option of the other. You should have read and understood the term of your employment before taking up the employment and cannot be vague on your remembrance to the...

Indian Law: Notice Period !!!, appointment letter, lawyers fees
appointment letter, lawyers fees, amit jain: Dear Amit Jain, It is not unusual for any company to put to notice any employee who according to them has left the company without relieve. In your case you have given a notice of your intention to resign and worked for 12 days, after the period of expiry...

Indian Law: Notice Period, notice period, concession
notice period, concession, time period: Yes Mulvadi. Please appreciate leave is not a right of an employee and a concession granted at the employer s discretion. Further, purpose of a notice period is that the employee serves the notice period so that during that period the employer can arrange...

Indian Law: Notice Period, relieving letter, notice period
relieving letter, notice period, employment letter: Hello Naunidh, If your friend has tendered his resignation and the employer is insisting that the notice period of 4 weeks has to be maintained, then they are going strong and your friend may not be having the idea of him committing to serve the notice...

Indian Law: Notice Period during probationary period, settlement document, indian employment
settlement document, indian employment, notice period: Thanks Darshan for further referral It is obligatory for the employer to, having deducted tax, to pay the tax to the government and also to provide you Form 16, which is the certificate of tax deduction at source from salary. Therefore, if the employer...

Indian Law: Notice Period Extension, appointment letter, period extension
appointment letter, period extension, notice period: Dear Atul, Any policy that is made by the employer has to be published and should be within the knowledge of the employee, this is either through e-mail or a supplement agreement stating the you agree for the change in the policy governing your employment...

Indian Law: Notice Period Harassment., appointment letter, notice period
appointment letter, notice period, leiu: Dear Pankaj, If you have resigned giving the Company with one month s notice on 03rd May, 2006 would mean that you will work with the present company up till 03rd June, 2006. Since there is a specific term of three months notice period and that you have...

Indian Law: Notice Period Harrssment, annual salary, lieu of notice
annual salary, lieu of notice, offer letter: Dear Manish, Any policy published by the company in within knowledge is binding on the employee. If the condition stated that you shall be governed by and shall confirm to service rules of the company, you are bound and obliged to follow them. As your...

Indian Law: Notice Period laws?, confirmation letter, employer subject
confirmation letter, employer subject, hiring services: Dear Vicky, The confirmation letter you are referring to is an offer and once you sign it, the same amounts to acceptance and since your services are taken firstly on probation and after a period of 11 months you were given with the confirmation letter...

Indian Law: Notice Period Payment, gross salary, notice period
gross salary, notice period, gross pay: Hello Sunil, I have been advising many of your colleagues that the notice period pay according to me should be calculated on the basic salary and not the gross salary. The component of the Gross salary also includes deductions and contributions which are...

Indian Law: Notice Period Payment Reimbursement and Tax on the reimbursement, notice period, company b
notice period, company b, b company: Hello Darshan, As for your query relating to tax, it is clear that you new company has perhaps paid the amount as advance income to you on joining their company and therefore based on the earnings tax deduction is made to your payment. Remember, any payment...

Indian Law: Notice Period Payment, experience letter, notice period
experience letter, notice period, hr policy: Dear Avinash, Any Company have they own set of rules and regulations to be followed and adopted to secure proper growth beneficial in terms of revenue to it. The source being the employee and companies depend on the employees for its growth. You may be...

Indian Law: Notice Period while on Probation Period, magna infotech pvt, infotech pvt ltd
magna infotech pvt, infotech pvt ltd, probation period: Thanks for the referral Rajpal To find the applicable notice period, you need to see your employment contract with Magna, who are your employers. The appointment letter Manga gave you and Magna s rules & regulations as regards HR matter form your employment...

Indian Law: Notice Period after resignation --- PLEASE PLEASE HELP URGENT URGENT, dear lorraine, labour court
dear lorraine, labour court, roumors: Hello Lorraine, It is imperative for your employer to publish the policy and should be within the knowledge of the employee from the date it assumes significance and in the absence of such knowledge the last known rule is applicable. If you have served...

Indian Law: Notice Period, relieving letter, experience letter
relieving letter, experience letter, appointment letter: Dear JAK, The law in India is still labour oriented and there is no reformation on the subject yet. In the circumstance you are at present can easily be taken as one where the company wants to hold its employees in binding that they cannot switch over...

Indian Law: Notice pay, encashment, notice period
encashment, notice period, gross pay: Hello IR, On resignation and indicating the desired date as last working day and willingness to pay for the balance notice period, if accepted by the company, it is good. If your friend requests for adjustment of the unpaid salary of 5 weeks towards...

Indian Law: Notice pay if an employer refuses to accept notice period, resignation notice, hr executive
resignation notice, hr executive, notice period: Hello Himanshu, Your employer seems to be rude on your tendering your resignation and willing to serve the notice period. In asking you to leave the office immediately may not be a proper response that the HR should suggest any employee. The etiquette is...

Indian Law: Notice pay, salary rs, notice time
salary rs, notice time, period of notice: Dear Padhmanaban, This is concerning the finance department of the company and there is nothing that the HR can do except go by the calculations given by the Finance department. It sounds ridiculous that your company deducts one day s salary from you...

Indian Law: Notice period, personal emergencies, notice periods
personal emergencies, notice periods, appointment letter: Dear Vicky, As for the change in the policy is concerned, I have been stating that in the beneficial interest of both, the employer and the employee, the company may change the policies from time to time, subject to the condition that such change has been...

Indian Law: Notice period, personal difficulties, notice period
personal difficulties, notice period, current company: Dear Rohit, The merger and subsequent change in the policy of notice is legal and the new entity may form such policies that are conducive in the larger interest of the company. Such changes in the policy should be published and notified and should necessarily...

Indian Law: Notice period, experience letter, legal recourse
experience letter, legal recourse, serving notice: Hello Santosh, I have been advising many of your colleagues that relieve and experience letter are the right of the employee that he/she has worked in the organization for the period indicated in the experience letter. If your offer letter does not have...

Indian Law: Notice period blues, kinds of leaves, leavel
kinds of leaves, leavel, notice period: Hi Manish, Availing medical leave is when an employee reports sick and supports his entitlement with documentary proof. If you can satisfy the requirement I hardly see any reason why you cannot avail the benefit. Availing medical leave is a separate...

Indian Law: Notice period harassment, labour court, service orientation
labour court, service orientation, notice period: Dear Pallab, Your employer should not be holding your relieve from employment after you having tendered your resignation with one month notice and salary in lieu of the second month. You insist on the refusal by the company that they are reluctant to...

Indian Law: Notice period in India, alternate dispute resolution, notice periods
alternate dispute resolution, notice periods, competent jurisdiction: Dear Derek, I am a bit perplexed on your query that employees to be given more notice period than agreed in the their contracts. Derek, where have you learnt about this information? In India we have more than 1800 Laws and if your emphasis is on the Industrial...

Indian Law: Notice period pay and Tax implication, reliving letter, tax implication
reliving letter, tax implication, private sector bank: Dear Amint Soni, The amount of breach that is reimbursed to your former employer is to be treated as penalty for not adhering to the terms of contract. In law penalty cannot be treated as a charge to the income and it is therefore, in my opinion, cannot...

Indian Law: Notice period payment mode, relieving letter, salary rs
relieving letter, salary rs, employee salary: Hello Shashikumar, Your resignation and your intended date of relieve is indicated by you and you have been communicated by the company on last working date. The payment of notice period on the short fall or any notice period buy out, according to me, has...

Indian Law: Notice period & Release letter, public sector company, relieving letter
public sector company, relieving letter, resignation letter: Dear Sushma, If there is specific mention in your services agreement that in the event of resigning, three months notice or salary in lieu of the notice period is essentially required then you may need to pay the amount on resignation with immediate effect....

Indian Law: Notice period, mnc company, provident fund
mnc company, provident fund, resingation letter: Dear Mr. Sivaprakash, Thanks for the compliment to the experts at allexperts.com. Since your issue relates to resignation and joining a new company, the foremost important document would be the appointment letter and any services agreement you may have...

Indian Law: Notice, tea board, tea garden
tea board, tea garden, notice period: Dear Mr. Shailendra, It is a precarious circumstance, your friend left one company and joined another and again reverted back to the first company to serve the notice period. If there is a condition that salary can be paid in lieu of the notice period,...

Indian Law: name change, marksheet, referral
marksheet, referral: Lakshmi: Thanks for the referral You will have to approach the authority which had issued the document (marksheet) for the procedure for effecting name change in it and fees etc and follow it This is more of a procedures issue than legal best Regards...

Indian Law: name correction in tenth certificate, twelfth class, necessary parties
twelfth class, necessary parties, javed: Hello Praveen Chauhan, The name variation from Singh to Chauhan is major. This issue can only be resolved by your filing a suit for declaration that your name is not Praveen Singh and you are known and called as Praveen Chauhan. The procedure of declaration...

Indian Law: name issue for passport, passport application form, public relation officer
passport application form, public relation officer, immigration time: Hello Sumit, The maiden name is before her marriage and if she had held a passport prior to applying for the passport now, the name should be the same and if the passport is applied fresh, then the rules require that a woman should enter her name and also...

Indian Law: I need help, notice period, javed
notice period, javed, second thought: Dear Mohnish, If you have not been provided with the training and certification of the .net program, then you have a case to defend yourself in not paying the amount demanded by the company. The notice issued by the company has to be suitably replied and...

Indian Law: ni act 138 and 420, indian penal code, breach of trust
indian penal code, breach of trust, negotiable instruments act: Dear Satyamoorthy, The proceedings under section 138 Negotiable Instruments Act are separate and the offence relating to cheating and breach of trust under sections 420 and 406 are different. You have cause of action to file for the offence u/s 138 and...

Indian Law: notice period : recovery amount calculation, relieving letter, dollar salary
relieving letter, dollar salary, legal sections: Hello ABC, I foresee no harm in providing your name instead of abbreviating your name as ABC. Anyway, my feeling is that the person seeking answer should be more personalized as this helps us to suggest the means to route out a solution to your problems....

Indian Law: notice period, notice period, condition precedent
notice period, condition precedent, e mail: Dear Kirti Srivastava, Any company is governed by certain set of policies and principles and for growth they are bound to reform and change such policies. The effect of the change should be such that it is towards the prosperity of the aims set by such...

Indian Law: Offer Letter Acceptance, offer letter, prudent person
offer letter, prudent person, place of employment: Dear Avinash, Thank you so much for your compliments, we at allexperts derive pleasure to answer the queries and see that some exposure is given to people having problems. This goes to everyone at allexperts.com I must say that agreeing for both the...

Indian Law: Offer letter legality, laws of singapore, company letterhead
laws of singapore, company letterhead, singapore company: Dear Parvind Saini, The offer on new employment is from a Singapore based consultancy company and may be the laws of Singapore come into play on the offer and acceptance. You are aware that every Country has their laws and my practice is on Indian Law...

Indian Law: Onsite undertaking and resignation, relieving letter, requisite infrastructure
relieving letter, requisite infrastructure, software organization: Hello Rajveer, If in my last answer you had read, I had specifically stated that your employer may not be proper on their part to claim as you have diligently discharged your obligation under the contract, what remains is the term that you should pay the...

Indian Law: About PAN card, income tax act, mobin
income tax act, mobin, chief commissioner: Dear Mobin Aalam, PAN is a statutory requirement under section 139A of the Income Tax, Act 1961. Every person, if his total income exceeds the maximum amount which is not chargeable to income tax has to necessarily apply for PAN card. Your gross...

Indian Law: PAN requirements, west bengal india, income tax act
west bengal india, income tax act, raj acharya: Dear Priya Raj Acharya, Thanks for choosing me to answer. At the outset, I would like to inform you that the mandatory provisions of the Income Tax Act, 1961 comtemplates that whosoever has income above the taxable limits and also that there is any likelihood...

Indian Law: At Par checquebook, negotiation and agreement, cheque book
negotiation and agreement, cheque book, chequebook: Thanks Mandar for the referral While issue of a simple cheque book is a direct incidence of maintaining savings account, at par is a distinct facility Whether to grant a facility to a customer and on what conditions to grant is a subject matter of contract...

Indian Law: Passport Name change, passport name change, visa officer
passport name change, visa officer, visa officers: Hello Nadeem, You are silent on the aspect of the procedure that you followed on the name change in the year 2005. If your name change is legally accepted then you need not to add any alias to your name as you are now known as S.Nadeem and not S.Nadimulla...

Indian Law: Passport Name Disrepancy, passport name, visa officer
passport name, visa officer, civil jurisdiction: Hello Jithedar, Two weeks time is too less to even approach the RPO and convince him to correct the name in the Passport. In my opinion and according to me there should not be any problem with the Visa as the only change is the R in your name and this...

Indian Law: Passport, passport office, procedural question
passport office, procedural question, issuing office: Binumon: Thanks for the referral This is more of a procedural question than legal If it is an error by the Passport issuing office which should correct it after your pointing it out to that office If the wrong name has appeared due to your your...

Indian Law: Paternity leave, paternity leave entitlement, gender equality
paternity leave entitlement, gender equality, referral: Thanks for your referral While the concept of paternity leave is catching up worldwide as a measure of gender equality, unfortunately there is no law currently in force in India which entitles the father of a child to have paternity leave!! Best Regard...

Indian Law: Pending Claims, vp level, appointment letter
vp level, appointment letter, call and answer: Thanks Kamal for your referral Of course, you have a recourse in law in this situation The matter is deal with the laws of general application like Contract Act; but you need not worry about such technicality If your claim is in keeping with your...

Indian Law: PF Closure, chennai, interference
chennai, interference, assists: Thanks Shiva for your referral PF is your right and it can not be attached and this is regardless of your relationship with the employer If you were a member of Govt. PF, then you can directly apply to the concerned Regional PF Commissioner for transfer...

Indian Law: PF and relieving letter, provident fund act, reliving letter
provident fund act, reliving letter, relieving letter: Hello Mohan, If your resignation is accepted then there is nothing that prevents you from your relieve, the process of relieve and experience is that the employee served the organization for the tenure mentioned in the relieve and that he/she hold experience...

Indian Law: about PF, salary statement, provident fund
salary statement, provident fund, earlie: Dear Avinash, As stated by me in my earlier response that the deduction of PF on behalf of the Company is their prerogative and since there is no deduction, it would mean that you are not entitled to the deduction. PF contribution depends on many criteria...

Indian Law: Phone Number, business matter, voluntary services
business matter, voluntary services, questionnaire: Hello Ms Asma, This site provides voluntary services and they are free of any cost and therefore the email ID or contact info are not published on this site. The other factor being that there is no relationship between the questionnaire and the expert...

Indian Law: Pliocy on SCN-LAw, law provision, judicial proceedings
law provision, judicial proceedings, cognizance: Dear DAA, Show cause notice is issued in different circumstances where there is a cause to be initiated against the other. In cases where the authority is a quasi judicial, any levy of penalty before final orders are passed, a show cause notice is issued...

Indian Law: Pls Help, relieving letter, constant struggle
relieving letter, constant struggle, trainning: Dear Max, Have you joined the new company already? If you have not, then you need to mention the date of your relinquishment from the employment and also hand over the equipment personally under receipt of the same as this may cause trouble later. If you...

Indian Law: POACHING , RESIGNATION and RELEIVING LETTER, mail reply, priority task
mail reply, priority task, medical grounds: Dear Manish, As you are not in communication or corresponding to the old company or the Manager of the Old Company and that your salary and other benefits may be due from them, you can issue them a notice reasoning out your ground for leaving the employment...

Indian Law: Post service restraint on joining a competing firm, question the answer, proprietary interest
question the answer, proprietary interest, definite time: Thanks Aradhana for the referral As to your 1st question, the answer is Yes , if the employment contract has so provided and the restriction is reasonable and not absolute As to your 2nd question, the answer is generally No unless the practice by...

Indian Law: Power of Atorny, poa, power of attorney
poa, power of attorney, delegation: A Power of Attorney (POA) is generally a delegation of power to a particular person, unless expressed contrary. Thus, unless the POA you have given to your wife specifically permits your wife to delegate her power as attorney under the POA to other...

Indian Law: Power of Attorney for Pending Case, interim maintenance, indian embassy
interim maintenance, indian embassy, section 125: Dear Aman, The case filed by your mother and father under section 125 criminal procedure code for grant of maintenance will not absolve you from the payment of regular maintenance to them including interim maintenance in the case. The wordings of the...

Indian Law: PROPERTY TRANSFER, succession act 1925, indian succession act
succession act 1925, indian succession act, cantonment area: Hello Shaukathusen, Your name connotes that you are a Muslim, it is imperative and important that you should mention the religion as succession is based on personal laws in India to an extent and for other the Indian Succession Act, 1925 applies. Assuming...

Indian Law: Probation Period with no notice., probation period, gross salary
probation period, gross salary, verbal requests: Thanks Yakshi for the referral You have nothing to worry about and have a strong case Since your employment contract categorically states that During the probationary period, you or the Company may for any reason whatsoever terminate the employment...

Indian Law: Probation, probationer, industrial disputes
probationer, industrial disputes, javed: Dear Rahul, On appointment if the company is likely to foresee that the potential on the employee is to tested, he/she is termed as probationer. The other aspect of it being that probationer is temporarily holding the job until made permanent and the benefits...

Indian Law: Problem of Notice period, appointment letter, notice period
appointment letter, notice period, letter states: Hello Deepak, Firstly I would not recommend that you should lie to your employer for leaving the organization. Your appointment letter states of the leave rule and there is no specific requirement of your following any condition on your leaving the employment...

Indian Law: Property Documents Confiscated, locus standi, distant relatives
locus standi, distant relatives, property documents: Hello Harish, Firstly your distant relatives have no locus standi or any manner of right or interest in the property which is owned by your mother. They also cannot insist on selling the property to them as your mother holds her discretion to sell to anyone...

Indian Law: Property Law - Wills, succession act 1925, indian succession act
succession act 1925, indian succession act, hindu succession act: Pradeep: Thanks for the referral From your name i guess you are a Hindu. This is relevant since the law of succession in India is not secular but personal law according to the regional the deceased belonged. The answer presumes your father to be a Hindu...

Indian Law: Property law - Wills, gift deed, elder brother
gift deed, elder brother, original gift: Thanks Mr Sastry for your referral Though one needs to read the will carefully, my quick response to answer your queries ad seriatim is: 1. Yes; as rightly advised to you by your stated Advocate 2. i am afraid, No; since the intention of the will...

Indian Law: Property Related Clarification, clarification question, revenue authorities
clarification question, revenue authorities, cultivating the land: Dear Prashanth, The revenue laws of State of Karnataka has to be looked into for the protection of the cultivator and his rights on the land. As for as I can say there is a protection of the cultivator by the State and only revenue authorities can guide...

Indian Law: Provdient fund is deducted on one month notice pay or not, provident fund, chandrakant
provident fund, chandrakant, notice period: Dear Mr. Chandrakant, Notice period pay or salary has got nothing to do with statutory complainces. If there are deductions made by the company earlier on your payment of salary then the last drawn salary whether you call it notice period pay or any other...

Indian Law: Provident fund, provident fund, hr department
provident fund, hr department: Dear Jitendra, The only solution is to write to your former bank and find out the amount of Contribution to the Provident Fund through your payment to the Fund. The Forms may be available with the HR department of your former employer and you are at...

Indian Law: Not paid after resignation, private firm, resignation
private firm, resignation, avail: Thanks Rahat for your referral Suggest to send a registered letter requesting the firm to pay you your dues. If it doesn t work, then send a legal notice via a reputed lawyer and i am sure you would get your dues, unless there are strong reasons, which...

Indian Law: pan card, tax payer, net income
tax payer, net income, tax returns: Dear Chagu, PAN is Permanent Account Number which is allotted to a tax payer for the purposes of his filing of tax returns. Any individual whose income from all sources exceed the limit prescribed has to apply and file return under his account number with...

Indian Law: passport surrender to company, psu employee, indian citizen
psu employee, indian citizen, fundamental duty: Dear Ishaan, I am not inclined to agree with you that your employer would ask you to surrender the passport and return after acceptance of resignation. Passport is the first document of an Indian Citizen and it is your fundamental duty to preserve the...

Indian Law: paternity leave, maternity benefit, private limited company
maternity benefit, private limited company, benefit act: Dear Kavita, My understanding of your question is the entitlement of a woman when she is pregnant, whether she is entitled to any benefit? If my understanding is correct, then your question is to be reformed to Maternity benefits than paternity benefit....

Indian Law: paternity leave, free medical aid, labour law
free medical aid, labour law, javed: Dear Manpreet, A female employee is entitled to 12 weeks of paid maternity leave. Some States also provide for additional benefits such as free medical aid, maternity bonus, provisions of crèches, additional rest intervals etc. If the employee does not...

Indian Law: payment of the withhold salary and other benifits after leaving the JOB, gainful employment, javed
gainful employment, javed, resignation: Hello Somdatt Sharma, Tendering of resignation is the intention of the employee to exit from employment and to process the relieve by the employer. The payment of benefit, salary and all allowances has to be settled on the date the employee is relieved...

Indian Law: prblems after breaking a bond, princy, hr department
princy, hr department, javed: Dear Princy, In continuation of my earlier reply to your question and the specific point raised in this question, my advise is not claim medical leave as this may come in your way for grant of Visa to US and if the company has the idea of your travel, they...

Indian Law: left previous company with out notice., relieving letter, company letterhead
relieving letter, company letterhead, legal validity: Thanks Gopala Krishna for your referral Just don t worry much, since you have already left and your new company has accepted you without relieving letter of the earlier company i do not think your previous company would proceed against you legally i.e....

Indian Law: property issue, family settlement, case family
family settlement, case family, eldest brother: Thanks Shilpa for your referral i am afraid, to answer your question, one needs to peruse relevant documents such as said will, a probate on it, orders/ decrees issued in the court case, family settlement deed etc. It will not be proper to advice without...

Indian Law: Queries about resignation issues in IT company, middle class person, mental agony
middle class person, mental agony, appointment letter: Thanks Parthiban for the referral It is unfortunate but true that quite some employers are appeared adopting unjust and illegal means to hold their employee in the current environment of high attrition where the demand far exceeds supply In your case...

Indian Law: Query on an agreement, future thanks, lease agreement
future thanks, lease agreement, lessor: Hi Deepak, The action of the company in not providing you with the copy of the Lease agreement is inappropriate. Generally, companies provide a copy of the agreement to the lessor. Since the property is vacated, therefor you need not worry about it. Moreover,...

Indian Law: Query on maintenance court notice, hindu law, conjugal rights
hindu law, conjugal rights, thanks in advance: Dear Santosh, I understand the difficulty you are facing with the family members of your wife. It is time that you take some legal course and adopt means to secure your wife and also your child. The options that you have with you are as follows. You...

Indian Law: Question about conjugal rights, matrimonial bliss, hindu law
matrimonial bliss, hindu law, human ethics: Dear Venkataraman, Having bearing on the facts of your case, the only course open to you is to file a case for restitution of conjugal rights as provided in the Hindu Law against your wife before the District Judge of competent jurisdiction, that is your...

Indian Law: Question on TDS, income tax act, employee salaries
income tax act, employee salaries, prescribed person: Dear Mr. Rajesh, Thanks for choosing me to answer your question. It is important to keep a note on the dates under the Income Tax Act, 1961 and failure on account of any submissions, complainces whould lead to penalties and may also lead to prosection...

Indian Law: question of jurisdiction, indian citizen, arrival in india
indian citizen, arrival in india, territorial jurisdiction: Dear Shailja, The choice of filing of a recovery suit vest with the party choosing to take up the cause. The Civil Procedure Code is clear on this aspect that party to a contract may file either at the place where they are domiciled or at the place of the...

Indian Law: question regarding mental harrasment..., marriage proposals, legal measures
marriage proposals, legal measures, regulatory board: Nelvin: Thanks for your referral i believe, i have already answered your question in as much as it could have been and perhaps you are being emotional about the whole episode i am not sure whether legally you can own a number. However, if a company...

Indian Law: Ration Card - Age Proof, ration card, substantial proof
ration card, substantial proof, voter id: Hello Kinjal, Yes, the date of birth in the Ration Card and the Voter ID is substantial proof of the recorded dates and can be used for all purposes to prove the date of birth. If your Ration card bears a different date of birth then what is recorded...

Indian Law: Ration Card, ration card, electricity bill
ration card, electricity bill, telephone bill: Hello Aman, Yes, you may apply for a new ration card and in the application you may mention that your residence was with your father and now that you are staying separately and there is no connection with your father s family, request them to delete your...

Indian Law: REG: LAND DISPUTE, myside, orissa high court
myside, orissa high court, land dispute: Dear Viadyanadhan, I was going through certain decided case laws and came across one judgment of the Orissa High Court as reported in AIR 2007 ORISSA 12. The crux of the case in principle is similar to that of yours, the note on the judgment is given...

Indian Law: REsignation - Notice period, relieving letter, resignation notice
relieving letter, resignation notice, notice period: Dear Priya, In my opinion the company cannot hold your relieving letter as the very meaning of it is to relieve you and since you are not working anymore with the company there cannot be any reason to hold you back without relieve. You may write to the...

Indian Law: Refuses to Join A company, acceptance letter, ltd company
acceptance letter, ltd company, formalities: Thanks Raj for your referral You don t have to much worry about Though you have gone back on your promise of joining the new company (promise is given when you accepted their offer and also in furtherance completed joining formalities, went through medical...

Indian Law: Reg. My Career (Service Agreement Bond), probation period, educational certificates
probation period, educational certificates, offer letter: Hello Srikanth, Tendering resignation is following the rules and policies of the company. In the event you tender your resignation and the management demands from you that you need to pay the amount covered under the contract, then what are your options?...

Indian Law: Reg the format for releving letter or Experience Certificate, bond duration, duration period
bond duration, duration period, experience certificate: Dear Meenakshi, I regret to tell you that this service is outside the scope. It really would not matter to you but it will create difficulties to me as this may become a precedent and people like you will be demanding services on net which is not possible...

Indian Law: Regarding BOND and CASE, relieving letter, experience letter
relieving letter, experience letter, resignation letter: Hello Gaurav, The limitation period for any action is three years from the cause of action. You left the company in October, 2004 and your settlement took place in January, 2007 where you paid the breach amount and got your relieve. If you happen to take...

Indian Law: Regarding Bonus paymeny, social welfare institutions, bonus bonus
social welfare institutions, bonus bonus, company premises: Hi Vivek, If you read my answer the present question in follow up is also answered. Anyway, to clear your doubt I will endeavor to make it more explicit. Payment of Bonus is applicable to EVERY ESTABLISHMENT where 20 or more workmen are employed on any...

Indian Law: Regarding Cheque presentation in the bank, negotiable instruments act, intimation
negotiable instruments act, intimation, criminal case: Hello Fayaz, If your friend has borrowed the amount of Rs.50,000/- from you and given a cheque of the same amount and now evading to see and talk to you nor pay the amount. In such situation the date of cheque is important as the instrument is valid for...

Indian Law: Regarding Company Issue, relieving letter, appointment letter
relieving letter, appointment letter, mail: Hello Nito Singh, Your statement that you joined the new employment on and with effect from 04.05.06 and on joining and reporting there is no record of your attendance with the former employer and since your request for the relieving letter is made on 27.05.2006,...

Indian Law: Regarding change in Intial, secondary school education, sslc
secondary school education, sslc, district education: Hello Satish, In the circumstance when you received your SSLC certificate and there was a discrepancy detected you should have immediately reported to your school management and written to the Secretary, Secondary School Education in your District and they...

Indian Law: Regarding Forcing to sign a BOND, appraisal cycle, comp policies
appraisal cycle, comp policies, company policies: Hello Vishal, Your question whether non-judicial bond is valid in the court. The concept of writing is to prove the bonafide of the contracting parties to the document. Anything oral is also admissible as evidence in law, then contract of bond in writing...

Indian Law: Regarding the name change in the Passport, spelling mistake, javed
spelling mistake, javed, rpo: Hello Anil, The spelling mistake can only be corrected by the concerned Regional Passport Authority from where you have obtained the passport. It may not be conducive on my part to say as to the number of days the RPO will take to correct the mistake and...

Indian Law: Regarding name change in passport, reply asap, visa officer
reply asap, visa officer, degree certificates: Hello Prakash, If you have documentary proof of the surname, it may be a bit easy process, but if your degree certificates and other academic education certificates show your name as Jai Prakash, then it has to be through a decree of the court that may...

Indian Law: Regarding notice period recovery, sole descretion, probation period
sole descretion, probation period, gross salary: Hi Suresh, As for the change in policy of the company is concerned, yes, in my opinion the management, in beneficial interest of both the employer and the employer change the policies but the same has to be published and within the knowledge of the employee....

Indian Law: Regarding PAN Card, income tax act, public relation officer
income tax act, public relation officer, javed: Dear Padamsimh, According to section 139A(1) of the Income tax act it is statutory that if the total income or the total income of any other person in respect of which he is assessable under the act during any previous year, (that is from the 01st day of...

Indian Law: Regarding Relieving Letter after Resignation, relieving letter, compensation details
relieving letter, compensation details, present company: Dear Krishnamurti, I don t think there is any cause for the company to file any suit against you legally on your resignation, except that, if they assess any damage on your leaving when there is any project work to be delivered and the same is delayed on...

Indian Law: Regarding my releiving and notice period., legal clause, professional ethics
legal clause, professional ethics, emotional values: Hello Rahul, You are in a precarious situation and willing to go by the professional ethics and code. If you have resigned already stating the reasons for you relieve and your willingness to pay the 2 months basic salary on buy out of the notice period,...

Indian Law: Regarding relieve letter, trivial issues, precious time
trivial issues, precious time, tiff: Hello Sadiq, Relive and experience are to be provided to the employee on the last working day indicated in her/his resignation. This is subject to the fulfillment of the terms of the contract that you may have agreed. The company when offering you a place...

Indian Law: Regarding relieving letter formalities, relieving letter, resignation letter
relieving letter, resignation letter, mental torture: Dear Murthy, The moral of David and Goliath is universal and why cannot David fight Goliath in India? Have faith in God and plan things meticulously so that you may succeed. It is true in a way that company is mightier than an employee but where a fight...

Indian Law: Regarding resignation., relieving letter, service matters
relieving letter, service matters, nasscom: Hello Ritesh, I have been advising many of your colleagues that any policy or change in the policy of the company has to be published and within the knowledge of the employee that such policy is now in force and the older policy is deemed to have been scrapped...

Indian Law: Registered post NOT acknowledged..., proof of service, burden of proof
proof of service, burden of proof, urgent basis: Dear Robin, Hello, In the context of your question I may say that a registered letter addressed to a person named on the envelope will not be delivered to anyone except the person named therein. It may happen that the mail is delivered and received by...

Indian Law: Release Letter - EMployer, relieving letter, visa officer
relieving letter, visa officer, appointment letter: Parayil: Thanks for the referral Release Letter of an employer is a proof in your hands of your service with the employer having ended and the employer not having any issues outstanding vis a vis you. Service certificate is a proof in your hand of having...

Indian Law: Release Letter - Employer, visa officer, dear james
visa officer, dear james, hr department: Dear James, Since you have already resigned, you may not be on rolls of the company anymore as no salary is paid to you from the date of your relinquishing the job. As for your query, you may write to the HR department with copies to the Senior Management...

Indian Law: Release after Resignation, psu life, life insurance company
psu life, life insurance company, disciplinary proceeding: Ayan: Thanks for the referral Please appreciate, if an employer decides to punish an employee, smallest of the charge can be pursued to result into punishment In the instant case, my guess is your wife has availed of LTA or some travelling benefit...

Indian Law: No Release, resignation letter, sashi
resignation letter, sashi, offer letter: Hello Sashi, As you say that the policy on the amendment to the notice period changed and there is no knowledge to you, this you may use as your defense that since there is no communication to you with regard to the change in the policy the earlier policy...

Indian Law: Releaving Problem, resignation letter, lieu of notice
resignation letter, lieu of notice, leave entitlements: Dear Mr. Kapoor, Relieve of an employee, however early it may be, cannot be considered as a precedent for the employer to follow. The circumstance leading to the employee relieve 15 days back may not be treated as a rule for the company to follow. In...

Indian Law: Releiving Letter, reliving letter, relieving letter
reliving letter, relieving letter, appointment letter: Thanks Akash for your referral i appreciate the difficulty you are facing In your given situation suggest to: (a) create a record by sending a reminder to your present employer by registered post(enclosing a copy of your resignation letter) recording...

Indian Law: Releiving from PSU, liue, period of notice
liue, period of notice, notice period: Hello Gurpreet, If the change in the policy is not within your knowledge you may ask the department to consider your resignation as per the old policy where the period of notice was one month. The correspondence in your case is necessary to build your case...

Indian Law: Releiving from services, relieving letter, indemnity bond
relieving letter, indemnity bond, moral turpitude: Hello Sonali, The terms of employment are read in conjunction with the bond and these contract are inter connected. The terms of employment will have a clause stating that you will be required to provide a bond on the terms of employment which will be part...

Indian Law: Releving an employee, notice period, appointment
notice period, appointment, salary: Dear Vaishali, The terms of the offer/appointment and services agreement, if any, entered into by the company and employee are clear on the terms of the determination or termination of the employment, then such term governs both the parties to the contract....

Indian Law: Relieving and Experience Letter, relieving letter, experience letter
relieving letter, experience letter, appointment letter: Thanks Neha for your referral i sympathize with your cause. High attrition has made employer adopt tactics of not issuing relieving letter etc to sop employee from leaving. Such seems your case If you have fulfilled the notice period/ pay in lieu of...

Indian Law: Relieving before end of Notice Period, notice period, quetion
notice period, quetion, offer letter: Dear Pragati, If the terms of the contract are clear and explicit in so far as the notice period is concerned that either side to give one month notice to the other or salary in lieu thereof, then on such notice the other need to pay the notice period payment....

Indian Law: Relieving/Joining issue, relieving letter, offer letter
relieving letter, offer letter, two boats: Dear Ravi, You are sailing in two boats right now and in the midst of a storm too. If your new employer waive the offer that you did not join in the particular period of time, that is 10 days and after which date the offer lapses. If you have written to...

Indian Law: Relieving Letter, relieving letter, experience letter
relieving letter, experience letter, legal options: Thanks Atul for your referral Firstly you should keeping your ego aside attempt in your larger interest to deal politely and tactfully with your employer and attempt to get a due relieving and experience letter. Some ego massaging may help and you should...

Indian Law: Relieving Letter, experience letter, relieving letter
experience letter, relieving letter, notice period: Dear Atul, It seems you intended to ask this question to my other colleague on this site. Anyways there is no harm whether I answer or my colleague answers this. Since this question has come to my account I will endeavor to answer you. As per your...

Indian Law: Relieving Letter, relieving letter, notice period
relieving letter, notice period, current company: Balu, You can clearly tell HP about your inability to produce certificate from FIC and request them to take you without it. Normally, companies thesedays require relieving letter only from immediate previous employer. Speak to your new employer otherwise,...

Indian Law: Relieving Letter, relieving letter, appointment letter
relieving letter, appointment letter, employment certificate: Thanks Parul for the referral If your past employer s contention is your not having done some work, the the remedy in the hands of the past employer is to initiate disciplinary action for it in terms of the service conditions. Not initiating any such action...

Indian Law: Relieving letter, relieving letter, resignation letter
relieving letter, resignation letter, appointment letter: Dear Siva Kumar, The past performance in your question perhaps is only for my information on the event and circumstance that lead to tender your resignation. The only concern is that after you have tendered your resignation, the management has taken...

Indian Law: Relieving letter and Experience certificate, relieving letter, experience certificate
relieving letter, experience certificate, offer letter: Hello Abhijeet, The law of contract and also the law of specific relief would applicable to you and there is no specific provision of law under which you need to claim it. The basis of your case is that you should be provided with a relieve and experience...

Indian Law: Relieving letter, acceptance of resignation letter, relieving letter
acceptance of resignation letter, relieving letter, lieu of notice: Dear Savitha, You have the right to enforce your employer and for that you have to initiate the action by issuing a legal notice after you resign and wait till the date of your relieve. If you do not get any response on the date of your intended relieve...

Indian Law: Relieving letters, relieving letter, suspense account
relieving letter, suspense account, notice period: Dear Amit, It is the other way round, until now the employees are questioning the relieving and here I have someone representing a company seeking advise if the employee can take any action against the company or its representative. I am glad that there...

Indian Law: Relieving Problems, relieving letter, resigning letter
relieving letter, resigning letter, resignation letter: Dear Rishi, Since you have offered to buy out the shortfall in the notice period, I see no prejudice that may be caused to the company on your resignation and eventual relieve and seeking retiral benefits that are accrued to you. You state that termination...

Indian Law: Relieving Troble, relieving letter, e mail
relieving letter, e mail, notice period: Dear Kumar, Your resignation and waiver of two months notice period by your supervisor and your consequent relieving letter duly singed by the supervisor is binding on your company. If your HR suggest that you have to serve the remaining period of two months...

Indian Law: Relieving Troubles, relieving letter, appointment letter
relieving letter, appointment letter, quick reply: Kumar: Thanks for your re referral. However to answer your further questions, as i said before one needs to see your employment contract (i.e. appointment letter, HR Manual, Rules etc) and also the Relieving Letter you have received and you may wish to consult...

Indian Law: About Relieving, mail copy, relieving letter
mail copy, relieving letter, management decisions: Thanks Evacuate for your further referral i believe, if the new company is ready to let your friend join without relieving letter (and with assurance of their not asking for it as well in future), your friend may join the new company straightaway after...

Indian Law: Reliving Letter, reliving letter, letter of resignation
reliving letter, letter of resignation, appointment letter: Dear Akash, If you have tendered your resignation and there are no pending projects at your desk and also that the agreement for services is silent on this aspect of serving a particular notice period, I don t see any reason for your employer to relieve...

Indian Law: Remuneration and notice period, legal recourse, labour laws
legal recourse, labour laws, work profile: Hello Payal, If you have worked without being remunerated, then it is a serious breach by the company and you have the right to recover the amount from them. The issue of designated work contrary to the work profile mentioned is also a breach and you...

Indian Law: Resignation during probation, appointment letter, lieu of notice
appointment letter, lieu of notice, pay in lieu of notice: Thanks Satish for your referral If the employment contract (i.e. your appointment letter, service rules, manuals, circulars, memos etc) is silent about payment of pay in lieu of notice period, then it is an open point for arguments on either side Suggest...

Indian Law: Resignation by Email, relieving letter, internal correspondence
relieving letter, internal correspondence, valid proof: Thanks Deepak for your referral To answer your queries serially: 1. Communication via email is a valid under IT Act. However, difficulty is about proof of it. You may not be able to prove that your company has indeed received your resignation you sent...

Indian Law: Resignation by email and relieving, relieving letter, internal correspondence
relieving letter, internal correspondence, valid proof: Dear Deepak, The right of an employee to continue with an organization is his prerogative. If you are not satisfied for whatever reason it may be, you have the choice of leaving the company subject to certain requirements, if any. The use of email is...

Indian Law: Resignation by fax, govt job, lieu of notice
govt job, lieu of notice, notice period: Dear Akki, Every Government organization has thier own policies on employment and other issue pertaining to the relieve, confirmations and bonds. It is usual practice of any government organization as a policy that if any employee is absent consecutively...

Indian Law: Resignation from job, exact provisions, appointment letter
exact provisions, appointment letter, employment contract: Satish: Thanks for the referral Please appreciate that the matter is subject to employment contract between you and your employer. The employment contract comprises of the contents of your appointment letter and further various service conditions applicable...

Indian Law: Resignation Notice Period, resignation notice, confirmation notice
resignation notice, confirmation notice, labour court: Dear Mr. Krishna, If your company has not informed you of the change of notice period to its employees, then there is certainly a ground for protest against the company. Any policy should be publised by the company if that has to become a law for the...

Indian Law: Resignation - notice period, resignation notice, resignation letter
resignation notice, resignation letter, maternity benefits: Dear Sangeetha, Policy decisions are the prerogative of the management and the board of the company. It may be conducive for the company to impose a condition of 6 months notice on resignation. This condition is imposed in view of the fact there are tremendous...

Indian Law: Resignation notice period, resignation notice, appointment letters
resignation notice, appointment letters, appointment letter: Thanks Muralidharan for your query The answer is No if such change is made effective by notifying it to the affected employees more than one month in advance This is to give opportunity to the employees not agreeable to such change to immediately exit...

Indian Law: Resignation - notice period (follow-up), resignation notice, monetary dues
resignation notice, monetary dues, appointment letter: Dear Sangeetha, If you have signed an NDA and joining another company in the same line of business, then there is trouble from the former company. If your former company assures you that they will assist you in your endeavor to resist action, if taken,...

Indian Law: Resignation without notice period, knee injury treatment, criminal intimidation
knee injury treatment, criminal intimidation, civil remedy: Dear Vasuprada, There is no word as sending behind bars in a contract entered into between to parties and more particularly when its hiring of services of your friend by the Company X . Your friend need not to worry but face their threat and answer them...

Indian Law: Resignation Policy - Leave exchange, labour law in india, ops manager
labour law in india, ops manager, 30 dyas: Hello Raj, Since you have resigned from the company and the company has responded to your resignation that you need to serve the notice period of 3 months before being relived, you have the following options that may help you. In response to the confirmation...

Indian Law: Resignation policy, service background, tremendous service
service background, tremendous service, smooth transition: Dear Prash, You have tremendous service background of serving for 6 years now. In your endeavor and pursuit to look for better opportunity, I do not find any reason why your company should reject your resignation, even otherwise you are willing to pay the...

Indian Law: Resignation in probation period w/o serving notice period, relieving letter, forty five days
relieving letter, forty five days, probation period: Thanks Anshul for your referral You have nothing to worry about If your appointment letter provides for termination by either party by 45 days notice or basic pay, then your employer is bound by it and relieve you immediately if you are ready to the...

Indian Law: Resignation while on probation, private limited company, appointment letter
private limited company, appointment letter, labour laws: Dear Garima, There is no such terminology as conditional relieving and since there is no NDA signed by you and the new rule is come after you have resigned from the company, it should not matter much. If you have no issues with the previous company,...

Indian Law: Resignation, lakhs, ltd company
lakhs, ltd company, pvt ltd: Manjunath: Thanks for the referral You have nothing to worry about Firstly, you have not signed any bond and secondly a service bond is anyway not good at law unless the employer has spent or invested in you with anticipation of results in future for...

Indian Law: Resigning within 4 months of joining, relieving letter, probation period
relieving letter, probation period, gross salary: Hello questioner, The legal course that your employer may adopt depends on many factors including legal advise that they may seek before going legal. As for the resignation is concerned, you may write an email which is a valid mode of transmission of...

Indian Law: Resigning and notice period, relieving letter, present company
relieving letter, present company, asap thanks: Thanks Deepak for your referral If you stop working, then your employer can technically initiate disciplinary action against you which may in worst case lead to termination; looking on its face something wanting from your side. There is nothing more your...

Indian Law: Resigning TIME, resignation letter, valid argument
resignation letter, valid argument, referral: Thanks AA for the referral Yes is the answer, if the office hours of your employer end before 8pm, since every official thing has to be done during the office hours and it is only the next working day when your employer would have a official chance to receive...

Indian Law: Respected Sir,I have signed..., competent jurisdiction, civil court
competent jurisdiction, civil court, arbitrator: Dear Amarnath, In the absence of the proceedings before the arbitrator and the stage it may not be possible for me to advise you appropriately. Assuming that the proceedings are concluded and only passing of the Award is remaining. Your case is perhaps...

Indian Law: Ridiculous Job Bond, bank cheque, bond terms
bank cheque, bond terms, retention tool: Thanks Star for the referral As to criminal complaint under section 138, you can possibly defend it on two grounds [considering s.138 action requires the cheque to have been given in repayment of debt]: (a) there being no debt, the bond itself being contested...

Indian Law: Rights, indian penal code, police cells
indian penal code, police cells, human rights commission: Dear Danielle, It is pathetic that a 19 year old girl has been sexually and physically abused. We have a stringent provision under the Indian Penal Code to deal with these kinds of offences. Section 354 of the Indian Penal Code is particularly to protect...

Indian Law: real estates, srinivas rao, realestates
srinivas rao, realestates, aprtment: Dear Mr. Srinivas Rao, Thanks for choosing me to answer your question. At the outset though your question is a two liner but has many laws and procedures involved into it. Please be precise as to which area you are looking at. Construction of Apartment...

Indian Law: refarding Service agreement, h1 visa, cluase
h1 visa, cluase, bank guarantee: Khushbir: Thanks for the referral From the information provided, i infer that the contract has started to run regardless of you joining and therefore it obliges you to join and serve for the period of contract and thus i am afraid, you may be breaching...

Indian Law: regarding company bond, relieving letter, documentation work
relieving letter, documentation work, hr policy: Dear Jeyaraj, Now that you have joined the other company without relieve letter, would mean that you have not tendered your resignation to the former company. In such situation the former company according to the HR policy and rules may have treated you...

Indian Law: regarding conjugal rights, court summons, conjugal rights
court summons, conjugal rights, petetion: Hello Shiva Kumar, Since you have already filed for restitution of conjugal rights and the matter is with the court, you need not worry on the outcome, it is the duty of the respondent, that is your wife to cause her presence and either agree with you to...

Indian Law: regardinginterest in bank, union bank of india, deposit receipt
union bank of india, deposit receipt, bank of india: Thanks Mr Gulati for your referral Interest on fixed deposit (i suppose you are referring to a fixed deposit receipt) is a subject matter of contract between the bank and the customer Thus what interest is accrued on your fixed deposit with Bank of India...

Indian Law: related to breaking a bond, annual salary, purpose of higher education
annual salary, purpose of higher education, masters degree: Dear Princy, The context in which the answer is to be understood is that for higher education no person be deprived or curtailed on the reluctance of the other. It means that your senior management as authority cannot stop you from pursuing higher education...

Indian Law: in relation to my previous draft, university grants commission, education accreditation
university grants commission, education accreditation, autonomous bodies: Dear Raja, Even if this is an autonomous body it would be under University Grants Commission, Union of India. There are certain guidelines for the proper and efficient functioning of the body and University Grants may have the requisite guidelines for operations...

Indian Law: release letter follow up, service orientation, false declaration
service orientation, false declaration, bond money: Dear Rohit, The incidence of every case differs with that of the other, there have been instances where the disciplinary committee have taken action and terminated the employee and the administrative tribunal have reinstated such employee with back wages....

Indian Law: can i relieve myself from surety in a service agreement bond for wife (wife planning divorce), xerox copy, suitable measures
xerox copy, suitable measures, surety: Dear Sathish, The prerogative of consenting to stand surety is of the person who agrees to take the burden of the other in the event of any default by the principal. As you have a difficult time with your wife and unfortunately the marriage is on tender...

Indian Law: relieveing letter to employees, reliving letter, ulterior motive
reliving letter, ulterior motive, juncture: Yugandhara: Thanks for your referral Please appreciate that relieving certificate is a declaration by an employer of the employer s having discharged its relieved employee of all obligations in relation to the employer. What you are perhaps trying to...

Indian Law: relieving letter, relieving letter, appointment letter
relieving letter, appointment letter, notice period: Dear Kumar, In your previous question you have not mentioned that your friend has worked for 8 months of the contracted bond period of one year. Anyways, there are two limbs to your friends problem, 1st that the company has already accepted the resignation...

Indian Law: No relieving letter, reliving letter, relieving letter
reliving letter, relieving letter, mail: Hello Navneet, Relieving and experience is necessary as it reflects and have a direct bearing on the career of the employee in the future. If your former employer is not willing to provide you with the relieve and experience you have the right to enforce...

Indian Law: relieving letter from previous employer, back ground check, reliving letter
back ground check, reliving letter, indian contracts: Hello Pankaj, Relieve is an important document as it proves your conduct of being sent on exit from an organization having served for a particular period and there are no dues with the company. In the back ground check surely there will be a negative feedback...

Indian Law: relieving letter, relieving letter, financial irregularities
relieving letter, financial irregularities, contractual obligation: Dear SNV, Any penalty imposed on a charge will effect the promotion in the employment but will not effect the relieve as it has been imposed and served by the employee. If there are financial irregularities, then the same may have been or will be recovered...

Indian Law: resignation / contract employment, service matters, contract employment
service matters, contract employment, notice period: Hello Sundaram, If your employer is suggesting the you should pay certain amount beyond the condition of payment of the notice period pay, then they are not justified in claiming such amount from the employee contrary to the terms agreed by them in the...

Indian Law: about resignation policy, resignation letter, th jun
resignation letter, th jun, notice period: Dear Tanvir I have answered this before that you are entitled to the payment of 12 days you work till the date of your submitting the resignation. Further the services given to the company are liable to be compensated and the one month that you will be...

Indian Law: resignation under service bond., notice period, software company
notice period, software company, resignation: Thanks Saurabh for your referral To my mind, your service with the company including notice period should be 2 years to get discharge on the bond This means, you may issue a resignation and notice (of minimum 2 months) latest on the day you complete...

Indian Law: How do i put up my resignation, medical grounds, notice period
medical grounds, notice period, mnc: Thanks Manikanth for your referral Regardless of the ground for resignation, the notice period requirement remains The best option for you therefore is to be very polite and pursue with your present employer for early honourable relief Wish you best...

Indian Law: retrospective effect of notice period, labour commissioner, relieving letter
labour commissioner, relieving letter, appointment letter: Thanks Vaidyanathan for your further referral Labour Commissioner is an authority for the labour i.e. a workman or a person in negotiable category If you belong to this category, sure you can approach the Labour Commissioner. i am afraid you may...

Indian Law: rights on mothers proerty, legal share, ancestral property
legal share, ancestral property, referral: Thanks Anu for your referral To answer your question: Yes generally, if it is ancestral property in which case you become its joint owner by birth. However, if it was your grand father s self acquired property then the answer would be no Suggest to further...

Indian Law: what rights do i have, custody law, abusive husband
custody law, abusive husband, e mail: Dear Cathy, You are seeking advise and suggestion on Native American Custody Law and I regret to inform you that my expertise is on INDIAN LAW, a country to the East of America and there is very little that I can do to advise you on this subject. I suggest...

Indian Law: SALARY MEANS BASIC, appointment letter, mental torture
appointment letter, mental torture, manjunath: Thanks Manjunath for the referral and i am happy to note you tried to resolve the matter amicably In the given circumstances,you have three options: (a) serve for 30 days; of this some period must already be over; or (b) pay the entire salary for one...

Indian Law: Salary deduction in liue of the notice period, salary deduction, notice period
salary deduction, notice period, liue: Dear Gireejesh, You have a good reason for your early relieve and also that your new employer is willing to buy out the notice period, I see no reason why your employer should hold you back. Also that you are not assigned or presently deputed on any project...

Indian Law: Salary for Notice Period, legal recourse, hr finance
legal recourse, hr finance, service matters: Dear Ajay, I do not think that the relieving should take about 6 weeks and an employee has to wait and suffer for these many days without pay, the process of relieve may take some time but it cannot be said the salary component should also take such time....

Indian Law: Schedule Bank Member ship, membership shares, aims and objectives
membership shares, aims and objectives, cooperative societies: Mandar: Cooperative Bank is a cooperative Society in the first place. Therefore, issuance of its share capital will be decided by its Board of Directors, Managing Committee etc. in terms of its constitution documents and in keping with the applicable Cooperative...

Indian Law: Section 205, personal attendance, other search engine
personal attendance, other search engine, google: Dear Aman, The provision of section 205 Cr.P.C. is for dispensing the personal attendance of the accused. Since your petition empowering your wife to represent your matter has been accepted, in my opinion there is no requirement to file any other petition....

Indian Law: Section 494, indian penal code, bailable
indian penal code, bailable, javed: Hello Jay, The First Schedule to Criminal Procedure Code is the classification of the offences under the Indian Penal Code, its punishment and whether the related offence is cognizable or non-cognizable and bailable or non bailable and who can try those...

Indian Law: Separation of Employee from Employer, notice period, hr policies
notice period, hr policies, mnc: Sudhanshu: Thanks for your referral If your new employer wants a relieving letter, you have no option but have it. Time of 3 months not being unreasonable, no court may help you i suggest in the given circumstances to cajole your old employer to issue...

Indian Law: Separation of name and sur name in the passport, regional passport office, public relation officer
regional passport office, public relation officer, competent jurisdiction: Hello Alok, If your name is written as Alok Kumar as one name and the surname column is blank then in such situation you need to meet the Public Relation Officer at the Regional Passport Office and file a form (on the advise of the PRO) and they will correct...

Indian Law: Service Agreement Termination, hyderabad district, hr team
hyderabad district, hr team, matrimonial home: As you say that the summons of the court were received on 21.04.2007 when the case was supposed to be taken up on 17.04.2007, you need not worry as the court, in all probability will order fresh summons against the party defendants and adjourning the case...

Indian Law: Service Bond, question request, company thanks
question request, company thanks, rupees: Thanks Nibin for the referral Your company may take a stand that it is investing equivalent to your bond amount into the training. If indeed you are receiving a training from the company, then such stand may sustain the trial at the court! The bond...

Indian Law: Service Bond, bond money, client location
bond money, client location, mnc: Dear Mouna, Consenting to the terms of a contract extending the applicability is enforceable at law but subject to the other terms of the contract and consent of the parties opting to continue guarantee of performance and payment in case of breach. Though...

Indian Law: Service Bond, civil jurisdiction, lakhs
civil jurisdiction, lakhs, bond paper: Dear Rajeev, Since you paid the amount under undue influence and were coerced to pay in order to secure your relieve and other benefits while in employment, the payment may be re-claimed by you in an appropriate court of civil jurisdiction by filing a suit...

Indian Law: Service Bond, business visa, absconder
business visa, absconder, legal implications: Thanks Rishi for your re referral This information at the outset could have saved time; yours, and mine too! Issue is whether you indeed received any training and not the bond mentions. If there was no training then you would be in a position to take...

Indian Law: Service Bond, computer science graduate, ample scope
computer science graduate, ample scope, false promises: Dear Mr. Gupta, The agreement between you and the employer agreeing for a period of 4 years including training period under a bond is a binding document. It is the prerogrative of your former employer to enforce the payment of the amount agreed under the...

Indian Law: Service bond, rendering service, shashank
rendering service, shashank, case 2: Dear Shashank, In situation like yours and cases where the employee has served part of the agreed fixed period under a bond the proportionate payment of the bond amount may be settled. If the employer is rigid then these issue see the court of law and...

Indian Law: Service bond, exact language, lakhs
exact language, lakhs, question thanks: Thanks Rajeev for your rereferral Your Company s admittance in any form to accept part amount (despite the bond being silent on it) may assist you to an extent to determine which one needs to see the exact language of it My rest of the advice remains...

Indian Law: Service bond: harrasment, labourer work, induction program
labourer work, induction program, engineer trainee: Dear Aman Sharma, It is sad to note that professionals have been put to work in derogation of thier duty while in employment. Your anxiety for overseas employment oppurtunity has costed you the trauma you underwent, anyways. Since you were not informed...

Indian Law: Service bond and Relieving Letter, joint venture company, relieving letter
joint venture company, relieving letter, conditional employment: Hello Saurabh, If your employer is demanding a written letter before accepting the resignation that you should honour the bond conditions is nothing but being rude to the employee and this, according to me, amounts to undue influence, coercion and things...

Indian Law: Service bond signed in 2000, state electricity board, reply thanks
state electricity board, reply thanks, mseb: Dear Shantanu, Tendering of resignation also needs to be specifically containing the last date of working as this enables the company to make alternate arrangement on accepting the resignation or on the other hand to enforce the conditions of employment...

Indian Law: Service bond, competition company, indian affiliate
competition company, indian affiliate, stamp paper: Hello Venkatesh, The contents of a contract is enforceable until contrary is proved. In your case the bond mentions that you shall serve for a period of 5 years and thereafter restrained from joining any competition company for a period of 2 years can be...

Indian Law: Service contract, proper receipt, legal consequence
proper receipt, legal consequence, mnc: Dear Mr. Karthik, Any employer should provide an environment which is conducive to work and not under threats on simple issues of your appraisal to provide you salary at par with other institutions taking your caliber into consideration. You may write to...

Indian Law: Signing of a Bond, relieving letter, long term relationship
relieving letter, long term relationship, dirty politics: Dear Raj, At the time of joining the company an employee is zealous to serve the company and in the hope of long term relationship and gaining seniority with promotions in pay and rank, certain events change the working and the mind of the employee and...

Indian Law: Submission of original educational certificates, qualification certificates, educational certificates
qualification certificates, educational certificates, x pass: Thanks Sanjeev for your referral It is fine for any employer to ask for any of your qualification certificates for verification with a copy for return of the original to you quickly thereafter, retaining such verified copy i presume, your prospective...

Indian Law: Succession/Inheritance Rights, indian succession act, succession rights
indian succession act, succession rights, inheritance rights: Dear Carla, In India you have different laws for sects following different religions. Hindus have the Hindu Maintenance and Succession Act. Christian fall under the Indian Succession Act which is a general law for all and Muslims have their Mohammedan...

Indian Law: Sueing a company, relieving letter, place engineers
relieving letter, place engineers, experience letter: Thanks Vinay for your referral You have no reason to worry if you are willing to the bond amount. This is since you have a right to work or not work with an employer and also that ordinarily a contract of employment may not be specifically enforced by courts...

Indian Law: Summons from Indian Court, judgment debtor, going to india
judgment debtor, going to india, suit claim: Dear Indira, The Reciprocating territories are those countries with whom India has relations and agreements for execute-ability and enforceability of their respective court orders. Section 44A of the Civil Procedure Code, 1908 defines the mode of execution...

Indian Law: Surety Bond, institutional norms, surety bond
institutional norms, surety bond, ulterior motives: Hello Surya, You have a good case on hand to prosecute the joint director in talking to your present employer and causing disrepute to your stature and maligning you name and lowering your prestige. The joint director, according to me is liable for causing...

Indian Law: Surety, post dated check, promissory note
post dated check, promissory note, asma: Dear Asma, If you are running an agency then agencies that provide these services hold the passport of the candidate and keep in their custody until the visa process is through. If there is no such provision to hold the passport, you may demand the entire...

Indian Law: salary on hold, india pvt ltd, continuum systems
india pvt ltd, continuum systems, software consultant: Thanks Ajitabh for your referral If you have completed the company s procedure for resignation, then the company has to pay you within reasonable time, the dues payable to you If your company has not done so, despite your repeated requests, you should...

Indian Law: Cannot serve notice period, salary slips, anita raj
salary slips, anita raj, experience letter: Dear Anita Raj, The concept of resignation from gainful employment is to bring to the knowledge of the management your intention to leave the company so that they may fill the vacancy in due course and the resource is not wasted. The intention of keeping...

Indian Law: Did not serve notice period, risk appetite, resignation letter
risk appetite, resignation letter, legal necessity: Das: Giving a notice and paying notice period pay is a legal necessity if it is a term of your service contract. Also the bond is legally enforceable,should your employer pursue, though it is a long legal process to do so and not always the employers do...

Indian Law: service bond, criminal offence, bond terms
criminal offence, bond terms, legal proceedings: Dear Samir, Breaking bond gives rise to a civil action and no criminal offence is attracted. Since you have already breached the bond terms and the company has initiated legal proceedings, to your knowledge, and when there is no official communication...

Indian Law: settlement deed, registration officer, section 125
registration officer, section 125, grave concern: Hello Venugopalan, It is a case where this gentleman should immediately approach the court and seek cancellation of the settlement deed and seek for redelivery of possession. If the document which is registered is termed as Settlement Deed and not Gift,...

Indian Law: settlement of dues on resignation, resignation, harassment
resignation, harassment, good luck: Thanks Bobby for your referral An employer has to settle the employee s dues immediately when due. i.e. in your case immediately on your leaving Suggest in your case to send a registered letter to your past employer requesting for immediate settlement...

Indian Law: sexual abuse, hindu law, mental torture
hindu law, mental torture, muscle power: Dear Kumaran, Now that your attitude is changing and I am sure you will get strength to fight for the legal right of your sister and see that her husband is punished for the mental torture, agony, pain and harassment she had undergone. A new law on domestic...

Indian Law: sexual abuse, domestic violence act, getting a divorce
domestic violence act, getting a divorce, independent life: Dear Kumaran, Your approach in not correct. Your brother-in-law is trying to ruin a life and you want to plead to take your sister back to that house. This man looks to me that he is not satisfied with one woman and has the habit of changing wives. My...

Indian Law: speeling change in Passport, paasport, passport office
paasport, passport office, javed: Dear Raghvendra, It seem there is a typographical mistake while writing your name. If while writing your name v is written like u the same is incorporated in your passport. It is not a difficult issue. You need to approach the PRO at the Passport...

Indian Law: How to study law ?, e mail address, civil law system
e mail address, civil law system, mail header: Vishwas, let me first copy below what had answered on 3.10.2004 to you, per a copy received. QUOTE: Name:Vishwas Subject: Law self-study Question - Dear Rajeev, I wish to study law, but it will be mainly self study. Can you guide me / recommend...

Indian Law: suit, consumer protection act, electricity board
consumer protection act, electricity board, consumer protection act 1986: Dear Vinod, The Electricity Board are answerable to the consumer grievances, if you have already complaint to the Board then you present your grievance to the District Consumer Forum in accordance to the Consumer Protection Act, 1986 as amended. Consult...

Indian Law: Tax on IT consultants., income tax act, salary payment
income tax act, salary payment, professional charges: Hello, You are working with the IT Company in two capacities, one is that you are employed and other being a Professional Consultant. The payment received in your hands whether on contract or regular pay and for working as a Professional Consultant is...

Indian Law: Termination of an employee, labour dispute, appointment letter
labour dispute, appointment letter, work ethic: Hello Sumit, Your orgnanization size is not would attract laws relating to labour and there is no likelihood of any labour dispute being taken up by the employee. In the context of your question, if you have already warned the employee to change his...

Indian Law: Three months notice, appointment letter, leiu
appointment letter, leiu, lieu of notice: Thanks Samrat for your referral The answer depends on whether your next employer is ready to let you join without a relieving certificate and whether you are ready to forego the benefits (except PF, Gratuity etc) with the earlier company If the answer...

Indian Law: Time Limit for Full & Final Settlement, mental agony, 10th feb
mental agony, 10th feb, hr dept: Atul: Thanks for the referral To answer your queries: 1) There is no reason to delay like pending disciplinary action/amounts due from me on account of bond/notice period pay or loan etc Answer: Delay by the employer in settlement of dues is justifiable...

Indian Law: Time of resignation, midnight shift, mnc
midnight shift, mnc, resignation: Dear AA, There is no particular rule that the day should end by 17.30 hrs. Now in the present scenario the MNC and other companies work round the clock having 3 shifts, in context with the timings of one such employee who works for midnight shift, what...

Indian Law: Torture by wife, maid servant, daily chores
maid servant, daily chores, govt job: Dear Rajendra, The below suggestion are to read as moral advise and does not construe legal advise. You need to consult a lawyer on family matter and family counselors who may be able to provide a solution to your problem. Having to read your long question...

Indian Law: Training Bond, relieving letter, valid answer
relieving letter, valid answer, case request: Vinodh: Your bond being unstamped and not witnessed is avoidable. Suggest you should have a dialogue with your past employer explaining him that it would be be easy to enforce such a bond and attempt to resolve the matter amicably. Trust, this should...

Indian Law: Training Bond, explicit condition, stamp paper
explicit condition, stamp paper, binding effect: Hello Mariah, The signing of bond of 18 months is the commitment with your employer to work with that organization. A bond is generally demanded from employees to have a binding effect with the employer to work without leaving, resigning and abandoning...

Indian Law: Transfer of Property by one heir , without the consent of the other (Class 1) heir., father names, rent control
father names, rent control, legal options: Hello Riaz, You have mentioned that the property is under rent control act would not have any bearing as the applicability of the law is for the tenants and the owners in case of eviction on default. Since your brother has given possession to a builder...

Indian Law: Transfer of protected Workmen in an Industry, court judgements, industrial tribunal
court judgements, industrial tribunal, judicial scrutiny: Dear Shyam, If there is an agreement with the Management and Trade Unions that protected workmen will not be transferred and you do not have the copy, you may write to the management to issue a copy of the agreement and through the trade union write to...

Indian Law: Transmission of share in case of intestate death of Hindu women, legal heirs, legal heir
legal heirs, legal heir, letter of indemnity: Thanks Dhaval for your referral 1. If the shares are an ancestral property or created out of ancestral property (ancestral in both cases being ancestral from her matrimonial home s side and not from her father s side)every lineal descendent will have share...

Indian Law: Troubled by present employer, disciplinary grounds, hr policy
disciplinary grounds, hr policy, notice period: Hello Subha, The concept of reference check is of very recent origin as people in order to get immediate employment and good salary fake certain documents like the relieve and experience letter, the last pay slip and Form 16 of the Income tax to show that...

Indian Law: termination of service contract, city border, medical grounds
city border, medical grounds, mnc: Dear Karthik, The signing of the bond is a contract and commitment for the years of service you need to put and is enforceable at the option of the company taking the matter to its logical end. On the other hand there are instances where on termination...

Indian Law: At the time of recruiting, nbfc, preventive measures
nbfc, preventive measures, hr executive: Hello Santhosh, As for the employees leaving the organization is concerned, it is a major problem these days. The employees get a platform to succeed in their endeavor to get into bigger companies showing their working with the present employees. The...

Indian Law: Undivided christian property, legal heirs, legal remedy
legal heirs, legal remedy, executor of the will: Dear Suresh, Though I do not answer question which are lengthy and involve homework, but reading your question I felt that you deserve a bit of attention, I endeavored to answer on a holiday. You will appreciate that this service is voluntary and there...

Indian Law: Unusual case of termination, exact conversation, disciplinary issues
exact conversation, disciplinary issues, termination letter: Dear Ritika, Termination by your employer on the ground that you were rude over a phone call and the second being no sanction/permission from the employer on your absence for 4 days. These grounds according to me are unjustifiable grounds. The first being...

Indian Law: Update on Maternity Leave, medical termination of pregnancy, maternity benefit
medical termination of pregnancy, maternity benefit, benefit act: Geeta: Havn t i answered all your queries already? Frankly, if you still have queries, please consult a counsel near your residence with full facts of the case an your company s service conditions, rules, regulations etc to examine the matter in the light...

Indian Law: Urgent help:Breaking of bond, negotiable instruments, undue influence
negotiable instruments, undue influence, dishonor: Dear Nitya, Any contract signed without duress, undue influence and coercion with free will and consent is enforceable at the option of the other. Here the contract was signed and your friend agreed to serve the company for 3 years and after 1 1/2 year...

Indian Law: Urgent: Post Dated cheque for breaching service bond, relieving letter, post dated cheque
relieving letter, post dated cheque, educational documents: Harry: Thanks for the referral Firstly, please inform your new employer freely and feralessly (see LAGE RAHO MUNNABHAI to muster courage, if need be!)about the truth and take them into confidence stating that you were needy when you took up the earlier...

Indian Law: Urgent ..Unilateral extention of notice period by company., notice period, period 3
notice period, period 3, endeavours: Thanks Bhaskar for the referral No; the employer is not in order to suddenly change the notice period to your disadvantage. However, the employer may do so by giving a notice of it and with future effect so that those not agreeing have an opportunity to...

Indian Law: Urgetnt (Notice period), gross salary, notice period
gross salary, notice period, gainful employment: Hello Rajni, Since you have resigned, it does not matter whether you used the official id or through some other id, indicating your last working day and after which you stopped going to the office. If you have mentioned that your resignation from gainful...

Indian Law: Utilization of leave in Notice period, notice period, 28th september
notice period, 28th september, employment contract: AA: Thanks for the referral. Whether you can take leave during the notice period is dependent on your service contract. Some contracts allow it while not all. Thus, please revisit your service cotract (which include appointlemet letter, leave rules,...

Indian Law: VAT & TDS of Midical Institute, midical, hospital sources
midical, hospital sources, business houses: Dear Stephen, My understanding of your question is that on your relocation to Bangalore from UAE the Hospital sources are requiring you to provide with VAT, TDS and other tax details. On transfer of residency and the personal taxes of the country you were...

Indian Law: Validity of Job Offer Letter, job offer letter, employement contract
job offer letter, employement contract, present company: Deon: Thanks for your referral My fiend, you have signed a employment contract when you accepted the other company s offer! However, the other company may not succeed in compelling you to join. All it can therotically compel is to make you pay compensation...

Indian Law: visa, crime record, indian embassy
crime record, indian embassy, heinous crime: Hello Diane, Your entry into India is based on many factors and your conviction in the earlier crime may also be one of the factors that would be considered before the embassy gives you a go to enter India. The crime record and the data though is considered...

Indian Law: Wife's Torture, domestic violence clause, azoospermia
domestic violence clause, azoospermia, vulgar words: Dear Suresh, You do run the risk of being implicated in a case but it all depends on your wife and if she gets under any kind of influence, if at all she files a case against you then you may need to face the consequences bravely and not run away. You...

Indian Law: Wrong name in passport, immigration authorities, tatkal
immigration authorities, tatkal, initial name: Hello Yuvraj, If you have notice this discrepancy now it is too late for making any amendments as your travel is scheduled in next 15 days. If you may get your name corrected in the passport in tatkal, it is preferable. The pronunciation of the name may...

Indian Law: want to resign as agreed terms are not fulfilled by the employer, resignation letter, probation period
resignation letter, probation period, starting salary: Dear vivek You may resign stating in your resignation letter all the above facts. pl see that you get an acknowledgement from the H.O. In case your Ho does not reply after you get an acknowledgement of your resignation letter you will be free to resign from...

Indian Law: want my wife back with me., yonger brother, due permission
yonger brother, due permission, marrige: Dear Mr. Anoop, Though your question is lengthy, it may not be possible for me to give you answer in more words than you have. The only thing I may point out is there are ego problems with both of you. I understand that in the past when your wife had...

Indian Law: wheher employer take action for not paying bon amount, oral confirmation, appointment letter
oral confirmation, appointment letter, th job: Hello Faiyaz, I am afraid that even after serving the notice period if your HR declines to accept your request of waiver and do not provide you with a relieve letter, then what will be the circumstance you will be in!! You need to first confirm that...

Indian Law: wife's torture, domestic violence case, commerce graduate
domestic violence case, commerce graduate, committing suicide: Thanks Kamlesh for your referral i am surprised how you got married while not earning!? The matter is complex and needs legal aid i would suggest to be present in the court and submit to the court to provide legal aid free of cost. Such aid is provided...

Indian Law: wills, indian lawyer, law lawyer
indian lawyer, law lawyer, law courts: Thanks Jas for your referral Isn t a probate of the Canadian court enclosing with it a copy of the will? If now, suggest to obtain a copy of the will certified as true copy by the Canadian court which granted the probate and provide it to your Indian...

Indian Law: withdrawal of PF, provident fund, assistant commissioner
provident fund, assistant commissioner, javed: Hello Mr. Pandu, If you have completed all the formalities for withdrawal of the PF by signing the requisite forms and also taking the endorsements of your previous employer, then I foresee no reason why the amount should not be credited to your account....

Indian Law: WILL, property in india, assurances
property in india, assurances, sake: Thanks Alok for the referral A person residing abroad can either make a will abroad or in India and in both cases, the will can cover property in India For the sake of convenience and considering the property in question is in India, i would suggest...

Indian Movies/Bollywood: movie name, manisha koirala, actors actresses
manisha koirala, actors actresses, film song: Hi Mohammed, I m not sure if this is the movie you are looking for - Champion (2000) starring Sunny Deol and Manisha Koirala. Please confirm whether or not this is the one, so that I can either continue with or close my search. This song was sung by Roop...

Indian Movies/Bollywood: Kathakali, thehindu com, indian ragas
thehindu com, indian ragas, facial expresions: Hi Alicia, Please accept my apologies for not being able to respond earlier as I do not have daily access to the web. Unfortunately, I do not have much knowledge or information on this topic and cannot offer much help. I have browsed through the net however,...

Indian Movies/Bollywood: Kathakali, facial expresions, reply thanks
facial expresions, reply thanks, navarasa: Check out these sites: www.cyberkerala.com/kathakali members.rediff.com/skanair/kathakali.htm www.payyanur.com/kathakalli.htm www.kanakasabha.com/sapta/kathakali. Hope they prove useful. I am not very sure about English books on the subject, but if...

Indian Movies/Bollywood: What is the name of this movie?, new cook, paswan
new cook, paswan, mrs doubtfire: Hi Lizzie, The name of the movie is Chachi 420 that was released in 1997. It was inspired by the Robin Williams 1994 movie named Mrs. Doubtfire . The link for other details pertaining to the movie is: http://www.imdb.com/title/tt0233422/ Regards,...

Indian Movies/Bollywood: Name of these two malayalam songs?, malayalam songs, female dancers
malayalam songs, female dancers, old films: I am not 100% sure as they are both very old films, but as far as I can remember the second song is called Kanaka Simhasanathil and the movie is Arakalan Mukkal Kallan . The first one is more difficult- the movie I think Is Line Bus. The song s name eludes...

Indiana: Custody of 11 year old after death of her father., life insurance policy, failure to appear in court
life insurance policy, failure to appear in court, wife number: You have too many question to answer them all. I will address two issues. FIrst there is a will written for the decedent and it is in the Statutes of the state of Indiana if he died in Indiana. You must get an attorney to assist your niece to enforce her...

Indiana: Estate settlement, executor of the estate, cut bait
executor of the estate, cut bait, estate settlement: This is a tough question because I have no idea what the bank had to do. If all the money was in stocks or other accounts that only needed consent to transfers then you are still getting jabbed. The crux of your question is a loaded one. If you want answers...

Indiana: Indiana Probate - Life Estate, dekalb county indiana, indiana probate
dekalb county indiana, indiana probate, household possessions: Assuming the deed was done properly and was over three years ago it would not be in her estate. The question you have raised though is whether she retained a life estate after the deeding to the children of did she deed the life estate to the children as...

Indiana: Indiana Tax Excemption, mortgage exemption, indiana legislature
mortgage exemption, indiana legislature, indiana tax: Unfortunately no. Her problem is more because of the reassessments that went into affect this past year. Hopefully the Indiana legislature will rectify the problem but it will not be a complete reversal. SHe should apply for the mortgage exemption now if...

Indiana: Inheritance, life estate, step mother
life estate, step mother, inheritance: First you must know whether the wife was on the deed with the father. If so there is no question regarding inheritiance. She gets it. If the house was in his name only then she is only entitled to a certain percentage and a life estate. You should get...

Indiana: probate, probate practice, probate court
probate practice, probate court, 9 times out of 10: Have your tried to talk to an attorney in that county. I have a couple of friends that might be able to either help or at least get you a hearing. You can always report this to the Judicial DIsciplinary system but until you have an attorney to review for...

Indiana: RE: Inheritance Law/States of Indiana and Iowa, inheritance law, loco parentis
inheritance law, loco parentis, jdh: You can inherit through your father in Indiana under a doctrine called In Loco Parentis which basically means that if during your minority to the age of majority your step father supported you under his roof you are in fact considered a child of the decedent...

Indiana: Small inheritance, inheritance tax, chase bank
inheritance tax, chase bank, executor of the will: All you need to do is fill our what is called a consent to transfer. This is a document signed by the county assessor that you take to the bank and they then release the money. The problem you have created is that you went outside of Indiana to get something...

Indiana: Uncle's death, funeral insurance, brother and sisters
funeral insurance, brother and sisters, resposibility: As a nephew you get an exemption of $500.00 as do any other nieces of nephews. His siblings get the same amount. The rate of Inheritance tax on the net is set at 7% of the first $100,000.00. You can obtain an IH-6 inheritance tax schedule from the county...

Indiana: executor of estate, perry county indiana, executor of estate
perry county indiana, executor of estate, probate court: Simple answer is absolutely not. If the will requires the executor be a resident then yes but that would be extremely rare. If the executor is a resident of the state then there should be no problem. I assume you are asking this question because you have...

Indiana: Individual debt and surviving spouse's obgligations, credit card debt, bmv
credit card debt, bmv, security interest: Since I do not know what the personal property is it is a little hard to answer your question. If it is in a joint bank account with you then it is yours without question. I would probably transfer it to your individual name just in case one of the creditors...

Indiana: Can my landlord end my lease early for no reason?, eviction notice, leep
eviction notice, leep, possesion: There are two answers to your question. First, assuming you have in no way violated the lease in any fashion or if you have and you received notice of the violation and corrected it then tell him to take a flying leep off the nearest three story building...

Indiana: Probating a Will, probate courts, jdh
probate courts, jdh, wasting your time: MOst probate courts have the forms but if you have no idea in what sequence to file you are wasting your time. If you are afraid of the fees then interview more than one attorney and find out what you will pay for. I am not trying to defend the attorneys...

Indiana: Property Mangament Hardball Tatics, foot drop, how to get out of a lease
foot drop, how to get out of a lease, month and a half: You have a very easy way out of this problem if the mold problem is as bad as you say and that well problem is not fully repaired anbd the heat issue is as stated. Call the BOard of Health and tell them you and your family is suffering with colds and ear...

Indiana: Right of Survivorship Laws in Indiana, maiden name, widows
maiden name, widows, heirs: All property held in joint name goes automatically to the surviving spouse. If you own property in your own name and you are not survived by children then technically the spouse would have a claim to a portion of the property. The widows claim is now $50,000...

Indiana: Tax exemptions, property tax exemptions, mortgage exemption
property tax exemptions, mortgage exemption, homestead exemption: YOu are too late for this year. Go to the county assessor office and get the forms for filing a homestead exemption and a mortgage exemption if you in fact have a mortgage on the property. Take you mortgage documents with you so that they can see the recorded...

Indiana: beneficiary and will, personal income tax rate, income tax rates
personal income tax rate, income tax rates, personal income tax: YOu get 1/2 of everything after the payment of all expenses is the simple answer. One of those expenses is a fee for your brother as personal representative. He does not have to take one but you will find out if his concern is equal division real quick if...

Indiana: Mom passed away..no will..., southwell, phone conversation
Indiana: Mom passed away..no will..., southwell, phone conversation, hollingsworth

Indiana: Intestate Father-in-Law, small estate affidavit, kelly blue book
small estate affidavit, kelly blue book, mortgage holder: YOu should qualify for the small estate status. Your problem though is transferring the lot assuming it has no mortgage. If your county recorder will accept a survivorship affidavit you could transfer it to all the heirs and tenants in common. Car should...

Indiana: Jointly Held Property after one party dies, mortgage value, capital gains tax
mortgage value, capital gains tax, inheritance tax: YOu can report anything you want. The problem is whether you can prove it or not. THe best thing is just report on the IH6 the remaining value of the interest she owned at her death. THe IRS will never put the two forms together. When you sell the house,...

Indiana: When is my Lease Final?, landlord, holes
landlord, holes, shipping: Did you go to the final inspection? I will assume you did not and therefore I would suggest you tell the landlord that you put no holes in the walls and since he had already returned your deposit you find it hard to believe that he is now making such a demand....

Indiana: Mom passed away..no will..., beneficiary ira, real estate commissions
beneficiary ira, real estate commissions, ira money: Let s take each asset and then the whole picture. House is probably not worth the trouble to list and sell with real estate commissions and other closing costs. With the market the way it is you would be lucky to get anything. This assumes you are correct...

Indiana: mortgage exemption, mortgage exemption, mortgage holder
mortgage exemption, mortgage holder, new mortgage: A mortgage is a mortgage so whether or not a first or second it qualifies you for the exemption. I would stronlgy urge you though to take the new mortgage to your county assessors office and give them the information regarding the new mortgage. The reason...

Indiana: Responsibilities of Lawyer, lump sums, two answers
lump sums, two answers, executor: There is two answers to your question. First if the estate is unsupervised then you should ask the court to change it to supervised based and the fact that you are not receiving adequate accounting of the progress of the estate and cite examples. THis request...

Indiana: Is a small estate affidavit necc., small estate affidavit, beneficiary clause
small estate affidavit, beneficiary clause, ira money: YOu have two problems. FIrst the IRA is taxable as income to the beneficiaries regardless of how you take it. If you disclaim then the estate has to pay the tax if it is payable to the estate. If the beneficiary clause kicks in then the three of you will...

Indiana: letter of administration, probate office, inheritance tax
probate office, inheritance tax, letter of administration: I assume the drawer bank is close to you. YOu would need a consent to transfer signed by the county assessors offices which would give you the right to collect the funds as the heir of the estate. Some counties still will not do it without proof that all...

Indiana: letter of testimentary-small estate, putting on a show, letter of testimentary
putting on a show, letter of testimentary, heir: The amount of work depends on what the attorney can do on his computer and whether he or she will help without putting on a show. It would take my around 2.5 hours to do what you need therefore my charge would be around $500.00. THere are a lot of issues...

Indiana: Moving, marion county courts, school breaks
marion county courts, school breaks, best interest: Yes it is possible but there are lots of things that must be done for it to work. The statute is clear though that she cannot do it without notice to the court but also to her soon to be ex. For her to give the notice she should have a job lined up, family...

Indiana: Non-Indiana Resident Death, IN Resident Inheritance, beneficiary deed, ira accounts
beneficiary deed, ira accounts, inheritance tax: You will have no tax as a result of any tax assessed because you live in Indiana. I have no idea what the tax will be in Missouri. You do not have enough to worry about any federal estate tax. The exemption this year is 2.0 million. I am sorry am not helping...

Indiana: paying mortage after parent death, beneficary, life insurnace
beneficary, life insurnace, 401k: Your question is impossible to answer in full due to lack of information so I will guess at the way I would treat it. First, assuming you are the beneficiary of the life insurnace and the 401k then you have to pay them nothing. If those policies or contracts...

Indiana: Revoc. Trust, executor fees, jay county indiana
executor fees, jay county indiana, contiguous county: It all depends on the terms of the trust. I cannot answer the question without seeing the trust. I do not want to mislead you or the other heirs nor do I want to start a consternation within the group. I have told you all I can without all the information....

Indiana: transferring a deed after someone has passed, folly, paperwork
folly, paperwork, mom: That is a very tough question. You could do it yourself if you know what to do. Unfortunately you probably have no idea and therefore to try it is folly. It is too complicated to explain here and even if I could you still would probably have no idea how...

Indiana: No Will, new mortgage, mortgage company
new mortgage, mortgage company, executor: THe is a crazy problem. Your sister is still living there and making the payments? That is nuts. Does the mortgage company know of your father s death? I assume they do not. When and if you sister continues to pay for the house the mortgage company cannot...

Indiana: Do I have a case for small claims?, siberian husky puppy, indiana attorney general
siberian husky puppy, indiana attorney general, better business bureau: If you have nothing in writing regarding even an implication of a warranty on the health of the puppy you are pretty much out of luck. If you could find someone else that has had the same experience then you would have a possible argument that they had advance...

Indiana: where to file small claims case, claims case, doc in the box
claims case, doc in the box, words of wisdom: Unfortunately you are without much recourse. Your DIL has the right to pursue him assuming her dissolution decree has him ordered to pay or reimburse these type costs above the 6% rule or has ordered him to maintain health insurance. She can go to the prosecutor...

Indiana: Medical Settlement / Minor, probate court, indiana law
probate court, indiana law, supplemental report: If the settlement is under $3000.00 you do not need the type of approval I am about to describe. All other settlement of minor s claims must be approved by a court having jurisdiction in these type matters. In Marion County the would be in probate court....

Indiana: Mom's stock & money market fun, beneficiary designation, stock money
beneficiary designation, stock money, letters of administration: The attorney is correct but you would also want a consent to transfer for the assessor to sign to release the funds to you and your siblings. You would probably need that for the annuity too if there is no beneficiary designation on her account. The life...

Indiana: moms death my aunt took everything, intestate share, downside
intestate share, downside, mom: What she did is wrong unless your aunt s name was on the title to her accounts, car, or other property. You can open the estate on your own and cause her to account for everything she has done. Your downside is of course that everything was joint with the...

Indiana: Probating a will, texas probate, inheritance tax
texas probate, inheritance tax, husband and wife: I am not certain how Texas law would apply but let s assume the house was in Indiana. If they owned the house as Husband and WIfe with your mom (the deed reads as Husband and Wife ) then the house would automatically go to you mother. If the house is in...

Indiana: probate, legal obligation, moral person
legal obligation, moral person, wasting your time: Why are you concerned with filing his tax return. You have no legal obligation to do so. Even if you were his Power of Attorney, that died when he died. Without a will there is obviously no one appointed as executor therefore why in the world are you worried....

Indiana: property liability, mail return receipt, breach of lease
mail return receipt, breach of lease, vet bill: In your lease there is a quiet enjoyment paragraph. THis assumes you have a typical lease authored in Indiana. You can set the landlord up by giving them written notice of this problem and demand that they take the action necessary to eliminate the dog...

Indiana: Small Estate Affidavit, small estate affidavit, credit card debt
small estate affidavit, credit card debt, car accident: If your mother died in Indiana then you have no liability or requirement to do anything. If you are the only heir then I would suggest that you file an consent to transfer on the bank account and pay what bills you feel obligated to pay and no more. You...

Indiana: Father's estate, equivocation, power of attorney
equivocation, power of attorney, poa: YOu are fighting an uphill battle. Unless you can prove that at the time your father put her on the accounts, he did not understand what he was doing the money is hers. You would have to find the DOctor that was treating your father and he would have to...

Indiana: heir, true child, executor
true child, executor, heir: FOr her to inherit she would have to file a petition to determine heirship if she is not a true child of the deceased. SHe would then have to prove her heritage in the court room or you could accept it and instruct the executor to allow her claim as an heir....

Indiana: homestead exemptions on foreclosure, homestead mortgage, homestead exemptions
homestead mortgage, homestead exemptions, carmel indiana: Something is wrong with the facts. To increase your tax escrow by that much seems out of line. It could happen though with the way taxes have been happening in Indiana lately. You could appeal the assessment but I am not certain the time frame the will...

Indiana: Indiana estate, medical debts, probate court
medical debts, probate court, elkhart county: You do have a fiduciary duty as executor to make a decision that does not result in a loss to an heir. That is a loaded statement for me to make. If you open the estate you then need to give all of the creditors notice, they then file a claim for what they...

Indiana: Indiana Law Re: Executor of Estate, executor of estate, executor of the estate
executor of estate, executor of the estate, resident agent: That is not the rule. Most counties follow the statute that does allow out of state executor. In Marion county the court now requires a resident agent for an estate that has an out of state executor named. The theory is that the court wants to be able...

Indiana: joint ownership bank account, 3 ways, law suit
3 ways, law suit, siblings: Without equivocation the money is yours and if they ask for it tell them to take a hike. They cannot be successful in any type law suit to collect from you. This does not mean they cannot try but if a lawyer represents to them that he has any chance of getting...

Indiana: life insurance policies now owned by estate, life insurance policies, widow act
life insurance policies, widow act, sole heir: Your statement that the insurance company wants to change ownership cannot be correct. If the estate is the beneficiary now and not the wife the question legally is whether she is the sole heir or not. If there are children whether adult or not they would...

Indiana: mothers estate, estate question, youngest son
estate question, youngest son, dissidents: If all that is in the estate is the house and if you as the administrator decide to sell the house in the estate the cost will be probaly not less than $700 + costs but could go quite a bit higher if there are problems with the house title, the physical structure,...

Indiana: Is Probate neccessary in all cases?, retirement fund, retirement plan
retirement fund, retirement plan, neccessary: THeoretically you exceed the small estate by $10,000.00 but I would not worry about it if in fact the retirement plan is truly with bebficiaries as you and your siblings. If the company will not release the funds without a consent to transfer then contact...

Indiana: probate and dads will, apperance, probate
apperance, probate, heir: You should be able to go to the county where the probate is pending and ask the clerk to see the file which will include the will. All you need to tell them is that you believe you are an heir in the will and want to check on the current status of the probate....

Indiana: Question about a will in Indiana, personal belongings, indiana statutes
personal belongings, indiana statutes, trust account: Provided the document he creates will cover the necessities of a will in Indiana he can do it himself. Notary on a will is not a requirement and in fact will not suffice for probate. He is doing something that for a few dollars can be done right with an...

Indiana: Responsibility for parents debt after their death, negative implications, guarantor
negative implications, guarantor, medicaid: Absolutely not unless you are a guarantor of any debt. THe other way you could indirectly have any responsibility is if she receives Medicaid and has not assets. If she transfers the house to you and then applies for medicaid within months, the transfer...

Indiana: small estate/ accounting, indiana department of revenue, funeral expenses
indiana department of revenue, funeral expenses, charge cards: The Indiana Inhertiance tax division of the Indiana Department of Revenue presented a seminar a short time ago and addressed the issue of personal representative fees. The bottom line is that it makes not much difference what the rate per hour is so long...

Indiana: Wills & Probate, probate, bank accounts
probate, bank accounts, beneficiary: Lots of questions. You may or may not be entitled to see the will. If you are a beneficiary then you should get the will. If not there is other ways but the will will have to be probated. You must bring the action to contest the will at different periods...

Indiana: Deceased Executor on Mothers Will, disinterested witnesses, eldest brother
disinterested witnesses, eldest brother, executor: Even if your mother is not able to sign she can still change her will. THe former attorney can do a codicil and make your brother the executor as you request. All your mother has to do is make a mark on the codicil in front of 2 disinterested witnesses....

Indiana: Estate Settlement ... Illinois ... 9-Month Deadline, dear sirs, inheritance tax
dear sirs, inheritance tax, federal estate tax: The 9 months applies to Indiana Inheritance tax filing requirements. If has nothing to do with Illinois. As a matter of fact my understanding is there is no inheritance tax in Illinois anyway. Federal Estate tax forms are likewise due to be filed within...

Indiana: executor, adult kids, dads name
adult kids, dads name, fee arrangement: She cannot keep you out but you are heading for a supervised estate and the costs are going to sky rocket. Get a realtor and put it up for sale. I assume that is what the will says to do. She does have a widows claim but that is cash only. The rent question...

Indiana: Fathers Will, precise answer, step mother
precise answer, step mother, bequests: There are too many gaps in the information to give you a precise answer. IF all of your fathers assets were in joint name with the step mother (subsequent spouse) then there is nothing in the estate to pass the money from to the children. On the other hand...

Indiana: Grandmothers will, indiana law, executor
indiana law, executor, grandmothers: He is basically correct. You will know if there is something amiss if he will not let you into the apartment to do the inventory. Is there a will and have you seen it? If so then it should be admitted to Probate to establish the estate for the purpose having...

Indiana: leaving the state, school purposes, mother and child
school purposes, mother and child, obligation: By Statute the answer is no. Have the mother give notice to the court that she is moving within 90 days and the court then has the obligation to get him notice of the potential move. If he does not respond then she can do her thing. If he does respond she...

Indiana: New Marriage, prenuptial agreements, prenuptial agreement
prenuptial agreements, prenuptial agreement, final answer: There is no good answer to that question. If the two of you intend that upon either of your deaths the other is to have the house as theirs then you should put it in joint name as Husband and WIfe. If you have a prenuptial agreement that says each of your...

Indiana: forced home sale, judgment holder, domestication
judgment holder, domestication, nuisances: Now this makes sense. The simple answer is yes, the judgment holder can, under the appropriate filings and with appropriate notice force the liquidation of any asset that is held by a debtor to satisfy the debt. There are lots of potential nuisances though....

Indiana: My moms will and the attorney of the estate, single mom, utilites
single mom, utilites, uncertain terms: The first thing you did wrong was to agree to anything because you got your inheritance over the years from my parents . So what. SInce your parents gave you things during their life and never changed the will then they meant to do that and your brother...

Indiana: Probate, indiana probate, probate court
indiana probate, probate court, family dispute: That is a tough question. If you were completely not mentioned in the will then you can attack the will as what is called a pretermitted heir. This means you parent was not competent to make the will because she inadvertently left you out. On the other hand...

Indiana: Property taxes after closing, new homeowner, real estate taxes
new homeowner, real estate taxes, closing statements: Go back to your HUD-1 form from your closing. I would bet the ranch that the real estate taxes were in fact pro-rated at the time of closing. As a matter of fact that is one of the services you pay for at the closing for the title company to make sure all...

Indiana: No Will But has property, blood son, loco parentis
blood son, loco parentis, legal obligation: Your husband is just out of luck unless the mortgage company will agree to allow you husband to assume the mortgage. Unfortunately this probably cannot happen without an estate being opened. Try to go to the mortgage company and explain all of this....

Indiana: 22 years ago, county recorders office, crown point indiana
county recorders office, crown point indiana, lake county indiana: It will depend on the degree of conversion that Lake County Indiana has accomplished in their recorders office. I would go to the County recorders office at 2293 N. Main Street (2nd floor) in Crown Point Indiana (219-755-3730) and give them the cousins name...

Indiana: Bad Attorney, indiana supreme court disciplinary commission, indiana supreme court
indiana supreme court disciplinary commission, indiana supreme court, hot head: I have done the same thing under similar circumstances when the need arises. A lot depends on the distance from his office to the defendant s house. It also has a lot to do with the contents of the subpoena. I have served subpoenas that are 10 pages long...

Indiana: gift of equity, estate tax purposes, definite answer
estate tax purposes, definite answer, tax expert: I am not a tax expert but I will give you what I would guess to be the answer. You should consult with an accountant. The simple answer is no if they have no problem using some of their lifetime exclusion for gift and estate tax. Typically a person can...

Indiana: Indiana Inheritance/Estate Taxes, federal inheritance taxes, rights of survivorship
federal inheritance taxes, rights of survivorship, taxable assets: I am disappointed in that it would seem you have not taken the time to really try to undertstand my first response. The attorney will add all items that will go on the IH6 (Indiana Inheritance tax return) to arrive at the taxable estate and then apparently...

Indiana: inheritance, 1 million dollars, indiana law
1 million dollars, indiana law, inheritance: Yes or no. If she puts the money in a joint account then you have a claim to it. If she keeps it segregated in an account completely in her name then she has a statutory right to claim that the money is not part of the marital pot. Tough question but it...

Indiana: inheritance, inheritance tax, executors
inheritance tax, executors, executor: Your story has some gaps. She cannot keep you from getting the money from the house. If the will says what it does then the house should have transferred to you before the sale. If not then all you need to do is to force the issue with the court. The attorney...

Indiana: What are the 2nd wife's rights when there is no will?, household expenses, net estate
household expenses, net estate, executor of the estate: Now being at the office I can quote the statute section for you. IC 29-1-2-1(b)1 says that your mother gets 1/2 of the net estate if he has at least one surviving descendant. A life estate is basically the right to remain in the residence for her life. ...

Indiana: estate question, bureau of motor vehicles, estate question
bureau of motor vehicles, estate question, funeral arrangements: Your question has a lot of holes. What is a lot of debt. HOw does it compare to the value of the trailer. You have no liability on the debt unless you signed anything accepting liability. Yes you can reimburse yourself on the funeral arrangements at the...

Indiana: Homestead Exemption for new construction, tax exemptions, tax payments
Indiana: Homestead Exemption for new construction, tax exemptions, tax payments, predicament

Indiana: Homestead Exemption for new construction, state legislator, homestead exemption
state legislator, homestead exemption, plain out of luck: I have been on vacation and hence the slow response. SOrry. The only way to ever fix this problem is to vote for someone who can promise repeal of this tax. GOOD LUCK. Since we pay in arrears and you were unable to avail yourself of the exemption in a...

Indiana: Indiana Probate law, coin collection value, indiana probate
coin collection value, indiana probate, probate law: The straight answer is that your son has every right in the world to contest a will that leaves him nothing unless the will recites that that was his true intent. The practical answer to the question is the cost of such a contest may be prohibitive. Obviously...

Indiana: Inheritance and Life Insurance Question, life insurance policy, insurance question
life insurance policy, insurance question, paternal uncle: I thought I had heard of everything. It would all depend on the exact time of his death compared to the actual time of his dissolution. If dissolution preceeded death then everything I told you is the opposite. If he died before the dissolution was finalized...

Indiana: Marriage & estate planning, mutual fund investments, husbands name
mutual fund investments, husbands name, spousal consent: 1. Yes you should do both. This service is not designed for the depth of answer you are looking for. Your attorney can tell you why you should do both. 2. Changing your name really makes little difference. I would keep the deed in your name only and...

Indiana: Can I opt out of my inheritance?, heirship, executor
heirship, executor, greed: Yes there is a document you can sign that basically says I want nothing to do with the estate and will not take anything that would have been my share. It is called a disclaimer. The problem is that if you have children they too must disclaim their share...

Indiana: Death of Parent, inheritance tax, brokerage account
inheritance tax, brokerage account, necessary paper work: If in fact he has an option to take the money over an extended period of time then I will assume he can postpone the income tax aspect by reporting only as he takes the money out. I am not a tax expert by any stretch so you must seek tax advice on this one....

Indiana: Estate, inheritance tax purposes, probate assets
inheritance tax purposes, probate assets, u s savings bonds: You have quite a few questions here. First, your assumption of the difference is absolutely correct. If the asset passes as a result of a contractual obligation outside the estate it is then a non-probate asset. Otherwise it is a probated asset. The first...

Indiana: Estate Joint Assets, john doe, right of survivorship
john doe, right of survivorship, executor: Do the titles on the cars say John Doe and Sam Doe or do the say John Doe or Sam Doe. If or I would say the son is correct. If it says and then there is an argument that the car is equally owned with the right of survivorship. The will makes little...

Indiana: Estate Lawyer Fees, lawyer fees, estate lawyer
lawyer fees, estate lawyer, sibs: His quote is the amount that has been approved by the Indiana Assessors Association and has been published to all counties. Frankly I do not do it by percentages because I just like my clients to see what I have done and therefore paid for. You could ask...

Indiana: Land Warranty Deed?, rights of survivorship, warranty deed
rights of survivorship, warranty deed, claim deed: YOu must get a copy of the deed when you and your folks took title. THe answer to your question could go either way. If you took title with rights of survivorship then your siblings are out. If you were all as tenents in common then your siblings are...

Indiana: Life Estate / Medicaid, warranty deed, life estate
warranty deed, life estate, valid contract: Wow, interesting question. Before you go to the trouble of figuring the life estate value, it would first behoove you to look at the original agreement the two of you had regarding the sale. Did it call for value based on a life estate or did it call for...

Indiana: Residency requirement, executor of an estate, probate courts
executor of an estate, probate courts, resident agent: First there is no such thing as an executor of a trust. The trust has a trustee and that person can be anyone and can live anywhere. Most probate courts will either require that an executor of a will be a resident of the state and if not then there will...

Indiana: Co Owned Bank Accounts, inheritance tax purposes, jdh
inheritance tax purposes, jdh, bank accounts: Yes they are part of the inheritance tax schedule unless the joint account is with you as a wife or husband. Transfers between Husband and Wife are not taxable for inheritance tax purposes. If you are not married and a joint owner then your share will be...

Indiana: deceased mother's stock holdings, unclaimed property section, oppenheimer funds
unclaimed property section, oppenheimer funds, sole heir: Letters testamentary are the documents you receive at the time of opening an estate that gives you the power to probate a will. If there is no will then you need Letters of Administration. How much are the shares worth? If your father is the sole heir and...

Indiana: Father's Will, county court house, hollingsworth
county court house, hollingsworth, probate: THe only way to find out if there is a will is if they probate one. You would go to the county court house and check in the clerk office or the court room that does probate. Each county is different so I can t tell which one to go to first. If everything...

Indiana: Indiana property taxes not paid by previous owner, title insurance policy, one billion dollars
title insurance policy, one billion dollars, indiana property taxes: THe answer to this question is kind of tough because I do not have your title insurance policy. I would first look at Schedule B of the policy. This is the exception section, as to what the title company will not pay. I must assume that near the end...

Indiana: Inventory List, inventory list, carmax
inventory list, carmax, bob brown: It depends on the type of estate. If unsupervised the court will accept estimated values. If you have someone looking over your shoulder due to mistrust you may want to do more than estimate things. THe attorney for the estate should be giving you this...

Indiana: inheritance laws, inheritance laws, life benefit
inheritance laws, life benefit, old wives: If the will says what you say, then all you need do is to probate the will at the time of the death of the last parent. That thing about 9/10ths of the law is just an old wives tail. If you probate the estate you brother will be forced out one way or another....

Indiana: Probate estate limits, indiana probate, small estate affidavit
indiana probate, small estate affidavit, probate estate: Again no simple answer, sorry. The amount of tax is based on the relationship of the heir to the descendent. For instance if the heir(s) are the children or parents of the descendent then they each get an exemption from Indiana Inhertiance tax of $100,000.00...

Indiana: Death of Mother claiming pension ect, life insurance policy, inheritance taxes
life insurance policy, inheritance taxes, pension check: This service is normally limited to a few questions but I will try to answer as many as time allows. First, I am not admitted to practice law in Illinois so you should seek counsel for any question that may have another answer with application of Illinois...

Indiana: father's personal property, jdh, conservatorship
jdh, conservatorship, personal property: It depends on whether your sister had the title transferred to her name at the outset or to the person that she supposedly sold the truck to. If she did then I doubt that you can do much about it. In Indiana the person in whose name the title appears can...

Indiana: Out of State Executrix of a Will, court appointment, memory care
court appointment, memory care, executrix: The resident agent does not necessarily have to be an attorney but most courts will appoint one because they know they will be able to get at them if necessary. To answer your next question it is no. Your aunt would have had to specifically appointed you....

Indiana: Attorney Fees, inheritance tax, service answer
inheritance tax, service answer, gross estate: Yes usually. Because supervised requires the court to approve everything that means the attorney will have to do a lot more work with the court. This is all relative though and quite fact sensitive. For instance if your complaint is that the % fee is way...

Indiana: Attorney Fees, percentage fees, dozen bills
percentage fees, dozen bills, committee document: WHen your mother elected to have the estate be unsupervised then basically they did this with the understanding the attorney would not gouge the estate. THe downside is that unsupervised means just that. THe attorney can charge what he believes a reasonable...

Indiana: Avoiding Probate, steve lutz, avoiding probate
steve lutz, avoiding probate, step dad: I am currently on vacation in Florida but will give you a simple answer. I assume the estate is Unsupervised. Also I assume that the step father owned the house as tenants by the entirety which means as husband and wife. If that is so then all that need...

Indiana: my brother passed away, small estate affidavit, life insuarnce
small estate affidavit, life insuarnce, settlement check: YOu have a problem. The settlement check without a will will go back to your mother. There is no way around it. If you have a will transferring everything to you then that is about the only way it would come to you. If you are the beneficiary on his military...

Indiana: Child Age 15, dissolution decree, parenting time
dissolution decree, parenting time, time rights: To answer your question will require a lot of assumptions. 1. The age of the girl is probably the most important. If over 14 then the child has some say in her living arrangements. 2. The financial situation of the parties is important to the extent...

Indiana: Child custody age, comman, hollingsworth
comman, hollingsworth, stepmother: Your child has the right to tell the judge what he wants at age 14. The Judge must take that into consideration if you file a petition to modify. The chances are a lot better since the law changed to say the child s wishes must be considered at age 14 but...

Indiana: Closing an estate, hollingsworth, biller
hollingsworth, biller, dead man: DId you give the hospital notice of the estate opening at the time of opening? If so and they do not file a claim within 90 days of the notice then you owe them nothing and go ahead and close the estate at the conclusion of the period of probate (90 days)....

Indiana: Consent to transfer / small estate, small estate affidavit, inheritance tax
small estate affidavit, inheritance tax, hourly basis: Yes and no. Without the affidavit of no inheritance tax due they should still release the money but would have to withhold up to 25% for inheritance tax. The bank may have the affidavits for you. If not go to a lawyer and ask if he will assist by filling...

Indiana: car accident/ probate court, probate court, personal injury claim
probate court, personal injury claim, court approval: There are a number of variables. In Marion County this would take a matter of days if the attorney just asks because of the threats of suit. The law is not by any stretch of the imagination a new law. I have been practicing for 35 years and it has always...

Indiana: custody, parenting time, variables
parenting time, variables, parents: It all depends on the child s age. If over 14 then she has has some input on her parenting time. Indiana has a schedule for summer parenting. In most cases the court will only allow 1/2 the summer with one parent. Again age is a big factor but the court...

Indiana: Death of Father-in-Law, death of father, law question
death of father, law question, 72 years: What county is the estate opened? If here in the central part of the state I could help you. If outside that area I would try to find someone who can help. I hate to ask this question but how much money is involved. If there is not much then I do not know...

Indiana: My dad died without a will, credit card debts, living heirs
credit card debts, living heirs, pound sand: Your question has many pitfalls. Were either of you on the account with him. If so then all you would do is sign a consent to transfer and the bank would give you the money minus about 25% for the payment of any potential tax liability. If that is all he...

Indiana: No will, more debt than assets, small estate affidavit, money market account
small estate affidavit, money market account, capital gains taxes: Your plan is a reasonable one. I would think about which debt you pay. FOr instance consider whether you pay toward the tax liability or the other debts. While none of them can do anything to you or your siblings the only one that can cause you behing the...

Indiana: Estate Attorney Fees, ehtics, legitimate complaint
ehtics, legitimate complaint, disciplinary commission: THe fee seems a bit excessive but it would depend on the sales price of the house. Did you sign a contract with the attorney? If so, did it provide for the rate of the fee per hour or did you agree to pay a percentage of the gross estate? If a percentage...

Indiana: Estate for my father, madison county court, executor of the estate
madison county court, executor of the estate, sky rocket: That s a loaded question. If the estate is unsupervised then you may need one becasue she will be able to do everything without the court watching. If there is a will that you and your siblings take then you should receive notice of everything. If the assets...

Indiana: Estate fees, lake county indiana, indiana statute
lake county indiana, indiana statute, disciplinary commission: Your last statement says a lot. Lake County is mystifying on how they do fees. I would send a letter to the Supreme Court disciplinary commission setting out your concerns. They will investigate. If this estate was unsupervised and you agreed to it then...

Indiana: Estate with very little assetts, county clerks office, legal description
county clerks office, legal description, executor: You probably don t need to open an estate. If all the property they owned was in joint name then there is no need for an estate. IF the house is in joint name all she needs is a survivorship affidavit. THis is a simple form. If everything else is joint...

Indiana: Estate question, inheritance tax, installment contract
inheritance tax, installment contract, estate question: You should be able to spread the will of record and then receive the money. There is not enough there for any inheritance tax. It really depends on which county you are in. I know in Marion county you should be able to not open the estate. I know some...

Indiana: Estate in St. Joseph County IN, market evaluation, what this means
market evaluation, what this means, sister in law: Just got back from a short vacation. You still have not answered the question about the size of each heirs potential inheritance. The answer to this question will determine whether the quoted fee is reasonable or not. If there is to be an IH-6 filed then...

Indiana: Estate, affidavit of domicile, stock value
affidavit of domicile, stock value, referral service: You will have to probat the will. THis should be done in an unsupervised estate assuming the will calls for that or all of you consent. You will need to do a consent to transfer on the stock, an affidavit of domicile, and letters testamentary along with...

Indiana: Estates after death, personal bank accounts, cashiers checks
personal bank accounts, cashiers checks, unanswered question: THere are too many unanswered question for me to help much. Were you on the account as a cosignor. Why did the county assessor give you the consent to transfer if they would not have the account signed over to you. WHy would you pay anything on the back...

Indiana: Excessive Estate Fee?, life insurance policy, deceased daughter
life insurance policy, deceased daughter, acerage: I hear this complaint at least once a week. THe attorney is doing to you what has been done for the last 100 years. In 1973 or 1974 the bar fee schedule was declared unconstitutional. This schedule called for estate to be charged by a percentage formula....