AMITS
12 November 2015 at 12:46
we were 4 brothers and 5 sisters ,one of our sister (dead) has filed a case for partition of property in 1994 claiming her 1/9 share in agricultural land in revenue court. later claim other properties including parental house in civil court in a separate suit. since agricultural land was acquired by the Govt. in 1994 she had claimed her share in compensation of the land acquired by government. now she died in 2010. the case is still pending, all i wanted to know is after the ammendment in hindu sucession act 2005, she was entitled for equal share in parental property,but after the recent clarification by the supreme court of india disposing off a no. of petitions sc saind the effect of the hindu succession act is prospective , in nature and for sister to claim their share it is required that their father should have also been alive when the act of hindu sucession act 2005 came into force. does that mean that all those sisters across the country who have filed suits for claiming their share after 2005 will not get any thing and their cases will be disposed off if their parent father /mother were not alive when amendment act came into force in 2005 .
Nikhil Sikka
12 November 2015 at 08:55
Dear All, I worked for an Software MNC from Jan 2010 to Jan 2014 .
In December 2013, my wife developed health problems and i asked my manager to grant me leave to see her in Florida, USA....I was on vacation in USA (this company's HR gave me NOC) to meet my ailing wife..
In Jan 2014, before my stipulated vacation was going to be over, I emailed my manager informing him about the situation has gone worst and asked him to put me on LWP (leave without pay) for few more weeks after discussing with management. Since, he gave something as a wrong impression to HR that i deliberately took more days.
HR told me to resign or else they will take disciplinary action. I knew they will not help so i resigned as my wife was unwell and i was required to stay with her or else it could have been more severe. In July 2013 i had already lost my father due to illness.
HR then accepted my resignation and asked me to return the company laptop so that they can give me my experience letters.
(I have that email where HR clearly mentioned this). I had then sent the laptop from usa to india and since then i am chasing them to give me the letters.
a. Company had not given me Form-16 of Year 2013/14.
b. This MNC had a signed policy with every employee where they will gave gratuity post 3 or 5 years of service, and i worked for 4 years but they did not provided my gratuity money.
c. My Full and Final settlement documents are not given.
d. Experience and Reliving letters are not given till date after chasing them for almost 2 years through calls, emails, personal visits to office etc .
If i call and talk to the HR person, he asks me to come to office and take the letters from him (i have voice recording proof). But when i go then he refuses and delay and makes mockery of my personal problems.
If i ask him after few days, he says he will courier (i have sms from him as a proof of this) and they want to give the letters but ultimately they are not providing me any letter and delaying the matter and causing me mental agony.
I asked one of my friend who is still working with the same company to talk to the HR person, again HR said he is going to give my letters to him but he again rejects at the last minute of following up after several times . This is happening from last 6 months and also i left the organization in Jan 2014. I have feeling very much frustrated and very much cheated and harassed. I am not able to get a job now due to depression after i returned from USA in May 2015 and mentally i'm feeling that going into acute depression.
The problem is that HR after several follow up says he will give, after few more follow up he then make mockery of this and refuses.
I want to sue this company for 10 Lakhs rupees or more for causing me mental agony for 2 years and i am not able to get a job due to this and going into depression and they are causing my career to go into distress and fail. Long back, I have even changed my profile to join this MNC as they promised me a good career but in the end they are totally cheat and took advantage of my personal and family situation to replaced me and now continue to cause me agony by playing with my emotions and career.
My question is
a. how can i get my letters ? and
b. if i put a case of 10 lakhs as labor court against them then what is process and will i get a win in this case?
c. and also if the case is going to effect my any other immigration process in future or not. (immigration process ask if i have a civil or criminal case pending ) this i believe will not be fall into that category and will be a labor court case.
d. The HR manager who delayed my case is no longer with company now. He left in Nov 2015. I have another recording of a current employee telling me that my ex manager has clearly stated that the HR Manager had taken out his frustration on me by not issuing me any letters. Now If I follow up with new HR manager they are making fake allegation that I had a misconduct with them.
Anonymous
10 November 2015 at 21:40
Hi I just know abt inam land this land belongs to a particular person who was in a govt services does family or children have rights on this land if yes how yrs inam land is been converted in plots wt are the rules and regulations of the govt of Karnataka
Anonymous
10 November 2015 at 16:34
My father is making will of his property. We are two brothers. My younger brother is died. He wants to make me beneficiary of his agriculture land. If he is making the will in my name, shall he mention the details of the deceased son and his family in the will, although he is not making them beneficiary.
chaitu.....
10 November 2015 at 00:40
thank you . so much for your time for resolving my query.
Omkar
09 November 2015 at 21:25
My father has four daughters and two sons. He wrote a registered will in favor of two sons i.e me and my brother on 18.8.2000 and unfortunately expired in a motor accident in 8.1.2005. Properties include agriculture fields and one house.
Since death of our father, our 3rd sister and her husband harrassed using one dominating personality in our town and forcibly registered in favor of our sister's children and gave us an agreement letter that they are obeying the said will is correct and there was no other will. this agreement includes signatures of all daughters and witness signature of 3rd daughter husband and the dominating personality. After 9 months of this incident, we filed a suit in 2006 to cancel the registered sale deeds which were obtained through coerce, fraud and undue influence.
Then in the year 2011, they were trying to occupy the said properties illegally. We filed a petition for permanent injunction order. In the said petition, initially temporary injunction order was granted and later on it was dismissed. The order states that genuinity of the wills have to be proved during trials during course of time and the said properties were not mutated in favor of our name. Other side, gift deeds were executed by our 3rd sister in favor of her son by exhibiting the forged unregistered will date 2.1.2005 (after 4 days of our father's death)
As we were at a age of 20 years and studying at time of my father's death, we did not apply for mutation of the agriculture fields in favour of our names, But in 2010, House was mutated in favor of our name.
In January 2015, they occupied the agriculture fields. So we withdrawn the petition for injuction and freshly filed 'suit for declaration' in August 2015. Last year they applied for mutation of the house in favor her son as gift deed was executed. After scrutinizing the documents from the both sides, municipal commissioner sent an endorsement that, as the issue of will is in courts, mutation will be implemented after getting the judgement and changed the existing my brother's name to my father's name in 2014.
Presently 2 suits are going on one in senior civil judge court (2006) and another in district court (2015). Are we on right track? At this stage they are again applying for mutation and paying house tax before getting demand notice and showing that receipts as the possession of the property.
At this stage how we have to control these people?
How to charge criminal action as they were using forged will and creating trouble to us by selling properties?
What steps we have to take to defend these actions by forged will?
Thanks in advance.
Anonymous
09 November 2015 at 19:31
1st legal notice given no reply for 2month second reminder notice under section 80 to secretary health given no reply what next to do
Anonymous
09 November 2015 at 19:12
Urgent
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