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Swapnil Bansal

Posted 20-Nov-17 15:05 PM

Can a person sell land which he has freeholded, registered and mutation in his name, only exception being when court case was won it was written you have to consult defendants while selling it to other people

My father has an ancestral property which was in dispute with his relatives. The dispute was resolved in court but it was written that my father will take permission from relatives before selling the portion of his land to anyone. He has then freeholded the land, mutation and registry is also done in his name. Now he wants to sell this land but the relatives are not allowing it to do so. My father was in talks with one of the buyers but the relatives issued a registered letter to my father a week back saying that they know you are in talks to sell this property but they want to buy it, so tell your rate. (They want to purchase the land at half the market's price) Also one of the relative has constructed building in his part of nazul land, which is being now leased to a public sector bank and it is operating from there. Can we object to this now, if they are not allowing to sell my father's land. What should my father do, he is worried that buyer will not buy land on knowing that relatives will object to sale of land and would go to court, which will hamper future prospects also where no buyer will buy the land knowing that there is tension between families for the property.

Dear Swapnil,

It is difficult to advise without complete details on the court case and the direction given by the court. However, in family disputes involving property, the Courts often pass such directions with the view that strangers should not be asked inside a family home before giving opportunity to other family members to buy the portion and keep the whole together. This is why your father was directed to offer seling his portion to the relatives first. 

But, that is all it needs to be. An offer, a proposal, which your uncle/relatives can negotiate on and ultimately, should the two families fail to come to an agreement, your father can go ahead with the sale to a third party. 

The court, from what limited information you have shared, has only directed that your father first offer the portion to relatives, and only when the negotiations don't bear fruit, can your father sell to others.

... Read More

Posted 14-Nov-17 01:31 AM

Can I study law in US and practice in India?

What are the requirements to practice in India with a US law degree? Is there an exam or do I have to study law again in India?

Learn Well

Posted 31-Oct-17 12:01 PM

If the dispute was referred to Lok Adalat by the court with the consent of both the parties, and the settlment arrived at between the parties has been duly recorded and consented to by both parties and duly signed by both parties, then the divorce is legally valid. 

... Read More

Posted 29-Oct-17 22:57 PM

How to deal when company is not giving relieving letter after serving notice period or buy back

Note : my entire question is for dealing with ?India Private IT Service Companies and Consultancies/staffing companies providing contract to hire job to their Clients/other IT Service Companies? 1) Sometime after serving the notice period when I ask relieving letter, then they say ?we can?t give you relieving letter because our client can?t relieve so don?t worry client will make you permanent after few months.? Which never happens 2) Sometime they say ?it?s long procedure and lot of approvals are required to generate a relieving letter so just wait for few days?. Now in this situation if I am getting permanent offer from other company and I am not submitting relieving letter of current employer on time, due to delay they are making I may lose this new permanent job offer also. 3) Sometime they hold up the salary, if notice period is ending at the end of the month and either tell to continue job or they will not give salary and relieving letter or they will give less salary for that month Following are some of unethical things what most of the service based consultancy / staffing companies are doing 1. Not giving Salary on time, many consultancies give salary on next month mid or late mid of next month 2. Giving Less salary by mean of hidden ways to evaluate/calculate monthly salary which is against the salary figure showing in the offer letter 3. Making Spelling Mistake in Payslip with the name or number of days worked to reduce salary 4. Reducing/change Salary pay after few months and say ?if you want to continue then do the job in this salary otherwise quit? or ?do the job in this revised reduced salary, our client is doing this and if you quit we will abscond you and not give any relieving letter? 5. Not giving relieving letter 6. Not giving relieving letter on time 7. Threating to abscond candidate, if not doing job on those technology which never comes under candidate?s candidature 8. Firing any time when they want without informing candidate/employee, but expect from candidate to inform them before 3 to 2 months if he wants to quit. 9. Acquiring candidate?s academic mark-sheets by saying ?mark-sheets are required for verification purpose? and not returning them easily, even after resigning from job I am looking clever solution (prevention is better than cure) to deal these all situations so that employer even can?t think in that direction to do such unethical ways which will destroy candidate career, his future opportunities which will impact his life. So while joining a staffing company/consultancy is there any procedure I can follow to avoid this kind of situation. When I ask companies to write one page, one paragraph statement regards my notice period policy on stamp paper they simply denied.

Your questions are entirely hypothetical. Unless there's a specific instance of wrongdoing, there's little you can do.

If you have doubts/queries, you can raise them at the time of joining the services, and ask that each point be addressed in writing.

Of course, you can draft your own agreement and present it to prospective employers, but it's highly unlikely that anyone will ever agree to your terms.

... Read More

Brinda Ramakrishnan

Posted 22-Oct-17 12:01 PM

I am trying yo buy a flat on attibele anekal road. The plan approval has been given be anekal planning authority. However they have transferred the files now to BMRDA....BMRDA again to STRR Planning Authority...

Attibele anekal road flat OC and CC....No authority to give this right now....anekal planning authority. ...BMRDA and STRR Planning Authority. ..all washing off hands of the responsibility. ...APA has given plan approval. ...now moved files to BMRDA

Neha gupta

Posted 14-Oct-17 01:14 AM

lending money to someone

loaned money to someone i was in relationship with. we basically connected through a matrimonial website and talked about marriage etc. Later on he needed some money and i loaned him. Then for many reasons we didnt get married and all the while he kept saying he will return my money. He always gave a time line to return the money but money never actually came to my account. I have all the emails and chats regarding the money and on one mail he has accepted that what amount he took and he will return that.even now if i ask he says he will return. However its been 6-7 months and i want to know my legal options. I do have all chats and email where he accepted taking money and promised to return

You can file a recovery suit, showing that the amount was given to this person as a friendly loan. You will, however, have to pay court fees on the amount you claim. This will vary depending on the amount, and the state where you live.

You can't wait indefinitely. The case for recovery must be filed within 3 years,  from the date when the loan was given, or when the amounts became due - if you have a clear record of when the person originally promised to return the money.

 

... Read More

Posted 12-Oct-17 22:03 PM

forcefull resignation and denial of experience letter by mnc

I spent lot of money during my transfer process and thought of claiming everything I have spent because of my transfer. But since I cannot claim the expenses incurred by my husband who was there with me during my transfer process, I thought of including all such expenses as rent by taking receipt from my PG owner and the PG caretaker agreed to it without any hesitation. He gave me the valid receipt for the same. On a personal level, I didn?t feel like doing anything wrong as the money was spent for transfer purpose and the company would have anyway bear such expenses if the company themselves would have arranged for my accommodation. However, when I disclosed this claim to my husband, I realized that my claim can become a serious issue and So, I immediately cancelled my claim. After a week of claim cancellation, I receive a mail for admin asking me to meet HR for clarification. And for this cancelled claim, an action was initiated against me.they called me up for discussion and they forcefully made me submit my resignation by mentally harassed by repeatedly asking the same set of questions again and again. i was dictated my resignation letter by Hr. Their action was initiated against a cancelled claim which totally defeats the whole purpose of cancellation. They didn?t pay heed to my explanation or justification and they even didn?t allow me to serve my notice period. My notice period would have ended in November end after which i was supposed to get my post graduation degree from bits pilani. after my termination,they denied my degree experience ltr for which i had worked hardly and performed excellently for last 4 years. I made many request for giving me my experience certificate and allow me to complete my degree which i would have completed in next 2 months but all my requests were unheared. I requested almost my top heads of companies. I was assured that they would do investigation but after a week they came back to me just to know incase i had any proofs of claim cancellation. when i said i dint have any. then after 3-4 days they again came back saying that their action was justified. then after repeated mails they gave me one month sal and closed my settelement and issued me a testimonial certificate saying i was not an employee but a student.on this basis they denied me the experience certificate as well. these four years even though acc to them when i was enrolled as an student, i worked like a normal employee abiding to all rules of normal employees (but benefits of only students were given). i was assigned projects, interacted with clients, company got billing on my name from client. they presented us (me and many like me whos pursuing this education program from company) as project engineer to the clients.i filed case i labour court and need advice and a lawyer for the same. please advice

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