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balaji ratnam   27 August 2024 at 10:25

Gratuity short payment

My last employer has paid me less gratuity. I have records relating to this. Can I have a legally drated letter which I can send I am asuper senior citizen.

Partha Chattopadhyay   26 August 2024 at 21:52

Mutation of flat

I got the property (a flat with hoding no. A) of my deceased mother through a registered will which got also probated in the district Court. This flat had also been mutated in my name in July 2017 with a fresh holding number (A/1) after I cleared the house tax of Flat A for the 1st quarter ( April - June, 2017). I had been regularly paying the house tax since 2017 till date and got "a no dues certificate" from my concerned municipality. Suddenly, I started receiving the outstanding tax for flat A in the name of my mother who expired in 2014.
My humble question is to know how a property A got mutated in my name with fresh holding number A/1 when there were outstanding tax for Flat A. As far as I know a property can be mutated if and only if there was no outstanding tax of the previous owner. Seeking your considered opinion.

Venkat Ramanan C   26 August 2024 at 20:06

Mediation and court order

I have filed contested divorce and in mediation my wife also agreed for divorce. No terms mentioned regarding whether it’s mutual or contested. Even my advocate said that it can be discussed outside not in the mediation Center.

Now my wife side is asking for mutual divorce, shall we not get order on my contested divorce application based on mediation report?? My wife side advocate is asking to withdraw current petition and file mutual consent divorce. I’m not okay with mutual divorce. Whatever agreed in mediation Center is on current petition right?

Aarti Kumari   26 August 2024 at 20:04

Runaway questions

Sir I'm a girl nd I'm 18+ I want to leave my house with my own decision coz I've been tortured by my family side they r pressuring me to get married...nd they r so abusive mentally physically nd emotionally that each nd every day I thought to attempt suicide but no I want to build my career nd live a happy lyf ..can my parents forcefully take me back to home ? Or do police forcefully can take me back to home? Do my parents can file complaint against me? Or will I be able to live freely which legal actions I can take against my family?

Anonymous   26 August 2024 at 14:36

Leave and license agreement

What is leave and license and if I make this agreement, can the party sell or take possession of my property? If not, can I make this agreement for 3 years and if there is some dispute between me and that party? If so, can I cancel the agreement and return her deposit and leave? I want to give the ground floor and I will live above, will there be any problem with this?

mustakeem saudagar   26 August 2024 at 13:10

Muslim dadi ki sampatti me dead bete ki bete ka hissa?

Muslim dadi ki sampatti me dead bete ki bete ka hissa? Read more at: https://www.lawyersclubindia.c

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

C.J.Sriram   26 August 2024 at 11:59

Settlement deed

A father executes and register a Settlement Deed, in respect of an Independent House owned by him eariler Purchased by him, out of his own earning, in favour of his Wife, Two Sons and One daughter. He registers the said Settlement Deed with 25% ownership for each and also hands over the possession of the Property.
Subsequently the Joint Patta is also obtained in the name of all the 4 settlees.

In the Settlement Deed he gave them the right of alienation mentioning it clearly in the Deed.

He also mention that he and his Wife, (One of the Settlees) retain their right to stay in the house.
The settlement Deed mentions that the Settlement made is irrevocable.
QUERY:
1. By virtue of the Settlement Deed and the right of alienation given, can all the Settlees jointly identify a Buyer for selling the property. Is their Title obtained through the Settlement makes them joint owners to exercise their right to alienate, i.e, Sell the Property.

2. Is mentioning of Right to Stay in the property by the Settlor along with his Wife, disrupts the right of alienation given to the Settlees.

3. Can the New Buyer ,who wants to purchase the Property, rely on the Settlement Deed and the Right of alienation clearly mentioned and given to the Settlees go ahead to purchase the property.
4. Is the New Sale Deed, if executed by all the 4 Settlees convey full title and ownership to the New buyer.
5 Is the right to Stay retained in the Settlement Deed vanish or liquifies once All the 4 owners i.e., Settlees decide to sell the Property and receive consideration,





raju   25 August 2024 at 18:10

Complaint filed

The person is filling multiple false complaints with police. The applicant filed complaint against the person under section 108 abedment to suicide before police to register case. My query is can police take action against the person.

Anonymous   25 August 2024 at 17:03

ancestral property & family arrangement

Party1 is my (Male, 50) family, and the counterparty (father, mother, my late brother family). No sister. Party and Counterparty are resident of Hinjewadi, Pune but originally from Bihar. My mother is abusive to relatives, elders, her uncle, or anyone not obeying her including husband. I have call record (digital copy) of my late brother to prove she is abusive and beats her husband. She pressure on everyone except my immediate family.

Four years ago, we sold an Ancestral property (Bihar City) based on written family arrangement (20% to each son, and 30% on father name with my son as exclusive nominee, 30% to mother with my brother’s son as exclusive nominee). Tax return, subsequent calls(digital records with me) all are in accordance with that, and family members, particularly my father frequently appreciated it.

Six months ago, I agreed to the sale of other Ancestral property in Bihar village on the condition that the sale would be done as per earlier family arrangement. Furthermore, when my father was in good health, he wrote a separate plan on a paper stating 50-50 split between two sons with a small gift deed to a helper, which all of us had agreed verbally. (Have his call record, confirm 50-50 split).Helper gift deed done by father recently, as per plan.
Four weeks ago, my mother fought with me and tried to frame me in false criminal case and usurp all properties as a revenge to not obey her. The counter party (my father under pressure I assume) joined and planning to deprive me of my rights. Counter party received advance payment in joint account despite my objections (to them and also to buyer).
Helper (gift deed) , buyers of property all confirmed on call (I have records) that it was to be 50-50 between brothers, payment was supposed to be at time of registration.
My lawyer served counterparty with a notice for criminal breach. In their reply, counter party lawyer offered me 1/4 as a charity (without any liability to them) once sales is registered. They falsely claimed that I have received excess payment for previous City ancestral property deal as I was in need (false). Just now, I have responded with transcript of all calls and proof, Tax records, bank transactions that all allegations are false. Money is no more important but being right or wrong so, we outright rejected their offer.
Counterparty are financially ok. I want to get exactly as per family arrangement, not a Rs more not a Rs less. In my reply/ replication, I have withdrawn my assent to the sale of village ancestral property as they are cheating. Now my father is too old, he, under pressure, may say that he won't agree to his own written plan even though he already followed it while gifting helper.

(A) Can my father insist a different distribution from agreed family plan, and his own written plan, verbal agreement (recorded)? Or he can not deny for this village property under discussion but, he can insist 1/3 to me for all remaining Ancestral property? (Note: as said above, he made a gift from this village ancestral property as per his written plan which is allowed if coparcener agreed. My approval was subject to following full written plan.
(B) My lawyers is saying (1) my case is good for criminal breach (2) But first file for injunction ( go to village, 2000km from Pune) as per rights. But if it is injunction, I want to seek not 1/3 but as per family arrangements. If court accepts 1/3 only, I do not want to injunction, but file file criminal case. I have few dozen call records, two signed documents etc to prove my point. Kindly suggest best course.
(C) My lawyer says that I can file criminal case in Pune as all parties are located here.
Please advise on three points above. Thank you.

SK Sharma   25 August 2024 at 15:01

Illegal appointment in a state run temple

Sir,

There is a state run temple in district Kangra of Himachal Pradesh. RTI revealed that a middle pass to the post of pujari has been appointed in the said government managed temple, whereas the essential qualification for appointment to the post of pujari is Shastri Pass (a degree in sanskrit). I complained to the temple administration several times with documentary evidence. The authorities are not taking any action and have advised me to approach the court.

I met a lawer who advised me that I am not the affected party, hence can't approach the court.

I have also been advised that a PIL cannot be filed by a third person.

My query is whether this appointment will remain continue, as the concerned authorities are not discharging their duty as per their constitutional obligations. Despite this, if I cannot approach the court then what kind of system and law is this :
Please suggest what can I do in this situation ?