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Mrudula   09 January 2009 at 13:05

validity of Will

Sir,

In last month my fatherin law expired, i am his daughter in law. He made a WILL, in our absence. Now we came to know that he made me nominee of the whole property i.e. one house and some bank F.D. (i dont' know the details of bank a/c) But the main issue is that he hasn't signed on the will.

my husband has only on brother and his wife.I am having one son and one daughter.

now they are asking me for their share. So what is the legal remedy. firstly tell the validity of the Will.

V.K.Deshpande   09 January 2009 at 12:02

Transfer of leasehold rights by tenants

Agri.Land given on permanent lease(99years)for a
sum of Rs.400/-p.a.as land rent.Tenant given permission to use for nonagri.purposes.An industry was established on this land by "X "co.This company went into liquidation,the HC appointed a liquidator who tansferred the leasehold rights on the land under the same conditions to another co."Y",which continued to use the land for ind.purpose.,paying the same rent.After about 40 years,this company
sold all its assets including the land under leaseto Z",without the knowledge of owner.The deed says it is a sale of leasehold rights on the land.

Can the tenant sell leasehold rights or the land in this manner?

Whether the owner is eleigible for a share in the sale proceeds,if he does not wish to continue the lease?

Whether the owner can raise the lease amount or enter into a fresh lease agreement with new incumbents legally?

Does the owner loose his right to this property?

bhavika   09 January 2009 at 11:31

Leave Law's for IT Companies.

Dear All,

My self Bhavika Yadav working as Sr. Hr, i am currently pursuing my MBA with HRM. by education I am MCA.

I work with California based IT firm, here in my co. we have rule for 12 Paid Leaves in a year along with 8 Public Holidays as well as 2nd & 4th Saturday off.

now i give you one example, if 10th and 11th January,09 is 2nd saturday sunday and 14th Janusry,09 is public holiday for Uttran Festival.
An Employee applies for a leave on 12th & 13th January,09 .
My management ask me to count leaves from 12th,13th and 14th Janury,09. ( they count public holiday also as leave ) saying that it's a rule, and i am not clear with it.

i wanted to know clear rule for IT companies for leaves.

Arihant AC   09 January 2009 at 09:53

Exemption in Grautity Act 1972

Dear Experts,

One Trust Hospital has applied for exemption under Grautity Act 1972 as the said Hospital is running on Grant of Gujarat Government.that means 50% of Exps. passed by Gujarat Government & 40% is collected by donation for Trust while 10% is collection of money as a token charge collected from patient? The hospital has received the letter from Gujarat Governmentwhich stated that
" as per exemption under Grautity Act 1972 please follow rules as per grautity act 1972."

Sir may i know the Section under which said Hospital can get exemption sa the Hospital is running on no profit making business. Its just to help poor people in village who cannot exp. more after medical treatment ?

Thanks


anand krishna   09 January 2009 at 09:42

Indian stamps Act

Can a power agent act upon the power of attorney and register the properties given under such power even though the power is not registered?

NATARAJAN .R   09 January 2009 at 07:45

ARBITRATION AND CONCILIATION ACT, 1996.

PLEASE CONFIRM WHETHER AN AWARD UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PASSED AT CHENNAI BY A SOLE ARBITRATOR CAN BE TRANSMITTED UNDER ORDER 21 RULE 5 C.P.C.TO A DISTRICT MUNSIF'S COURT OR A SUBORDINATE JUDGE'S COURT FOR EXECUTION OR WHETHER THE AWARD HAS TO BE TRANSMITTED TO A PRINCIPAL CIVIL COURT I.E., DISTRICT JUDGE OF THE RESPECTIVE DISTRICT WHERE EXECUTION IS SOUGHT. I SHALL BE THANKFUL IF MY QUERY IS ANSWERED. ANY CASE LAW ON THE CAPTIONED SUBJECT IS MOST WELCOME.
WITH REGARDS.
R. NATARAJAN.
(natarajan_ohm@yahoo.com)

parag s gandhi   08 January 2009 at 19:02

Paid holiday

Dear Sirs

My query is that if any declared paid holiday falls on the day of weekly off, and the routine practice is that weekly off is not paid, i.e. wages are paid for 26 days only. Than whether extra wages i.e. 26 +1 day for weekly off needs to be paid or not. Normally the practice of making extra payment was being followed when any paid holiday fell on some weekly off day. However in light of the current market condition, we wish to reconsider our stand. Kindly give your valuable comments.

shivraj   08 January 2009 at 17:49

Mandatory injunction.

In the Mandatory injunction case plaintiff files a suit for possession and restraining defendant for entering in the suit property.

1)In this case defendant in the year 1994 surrender there rights and get consideration from plaintiff.
2)Surrender deed also register in register office and also signed by the defendant.
3)Suit property is in name of defendants husband and all taxes regarding suit property has been paid by the plaintiff himself and under shop act the ownership is in the name of plaintiff?
4)After that defendant denied this document from the year 2000 again entering in suit property and claiming possession.
5)Whether defendant has a right to take possession of suit property?
6)Whether plaintiff can succeed in this case?
7)Any case laws regarding this matter plz.send.

V V SATYANARAYANA   08 January 2009 at 16:28

Registration under Factories Act.

Sirs,
I have got contract in April'07 from the mini steel plant for producing a small item. The owner has allotted me an area for doing this job by way of lease. Since I could not mobilise the resources, I have sub contracted the job to 'X'. 'X' has made constructed the manufacturing facility and doing the manufacturing the item. "X" is employing more than 100 employees.

I can not sub-lease the premises to 'X' for taking registration under Factories Act.

Since already considerable period of time lapsed, kindly guide me how to get the premises registered under Factories Act, with penalties if any.

Learned friends are requested to guide.

Shweta   08 January 2009 at 16:17

contract letter- Retainership

Hi ,

Please could you forward me a contract letter for retainership . I want to add following points in the letter like the person will be on call basis , he will be required for discussion with existing and proposed clients, he might have to travel anywhere in India.
Please forward the same at

Thanks
Shweta