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Queries Participated

Ashish   24 April 2018 at 00:29

About property deal which is not fulfilled

Hello, respected advocate/consultants
I have one question related to my personal life that I am facing. Will go step by step in order to understand easily.
1) Ram (name changed) purchased flat on loan in 2015. He got flat possession in the month of May 2016. After 2/3 months he changed his job and shifted to another city and gave flat on rent to known person (Mohan).
2) In December 2016 Ram got chance to complete his higher studies. So after discusing with Mohan, an idea comes. The idea was, Mohan will purchase the flat, But as he had no money to buy it in one stroke or any other way at that time. Then Mohan agreed to pay the loan installment (emi) regularly on behalf of Ram and remaing amount will be given to Ram,suppose 5 lakh. After one year Mohan will shift loan to his (Mohans) wifes account. (Mohan was private business person so difficult to was get home loan on his name).
3) Deal made orally as both was friends and that time dicided to do stamp paper documents (agreement) about the deal between them after 2 month or whenever they got time.
4) Mohan started paying installment from January 2017. After March 2017 mohan family got in crisis (new born baby) and Mohan wife left job. affter then Mohan was unable to pay installment regularly. He frequently missed the emi.
4) in December 2017 Ram got notice from bank as loan account went NPA. Bank order to pay NPA amount within 15 days. Somehow Ram adjusted some money by his own and pay to bank. Ram said Mohan to pay installment regularly. That time Mohan said I am in very much critical condition and cannot pay installment. You may sell flat to any other person, I will cooperate you accordingly.
4) Due to demonitisation (PM modi decision in November 2016) property rate drops suddenly and Ram not getting the customer giving rate such that he can paid up loan amount (property rate was below loan amount). But in April this month one customer became ready to pay only bank loan. Ram think that he can save himself from atleast bankruptcy. So tell about deal to Mohan.
5) Now Mohan has changed his stance and saying that unless he got the money he paid towads installment he will not vacant flat.
Please give me expert solution.

Arun Chattopadhyay   23 April 2018 at 23:29

Settlement of provident fund

Dear Sirs,

I worked as a manager with a textile manufacturer in Bangalore from November 2005 to May 2007, resigned and then started my own freelance career. I was a member of the EPF/FP and the employer was depositing my PF/FP contributions to the respective EPFO office in that area. Due to my own fault (call it procrastination), I did not claim my accumulated amount till 2015.

I did not have my PF account number. Therefore I submitted my claim forms duly filled in to my employer's office requesting them to provide the account number and forward the documents to the EPFO in June 2015. But the employer's HR department misplaced the papers. I again resubmitted a fresh application in September 2015. But came to know that the company was closed by then.

Since then I have been following up with them and as advised by their MD I again couriered a fresh application in December 2015 but did not receive any reply. I have been running from pillar to post but since all their staff had left, I tried to take help from a few of their ex HR staff who tried to help me but without success. I am a senior citizen living in Kolkata and I have nobody to turn to for help. Hence I have decided to visit Bangalore next week and contact the Area or Regional office of the PF commissioner for help. But I do not have my provident fund account with me.

Respected sirs, can you please advise me how can I get back my PF money? All I have are my appointment letter and approx. date of leaving the service. Shall be grateful to know the procedure. Looking forward to your kind response,

With regards,
Arun Pratap Chattopadhyay

Anonymous   23 April 2018 at 23:11

Notice period

Dear Sir ,

I Have an issue am suffering for this issue past 25 days. I am working with the my company 2 years, now i got an good offer from reputed MNc. they ask me to join in 30 days time . But my company not willing to relive me for 30 days, My HR ask me to serve 60 days notice period. But my Offer letter/ all the documents no where mentioned 60 days notice period. He is not circulated Employee Handbook or revised / Amended HR polices .

They are pressuring me like any thing, So I request you to please help me, how to get rid this problem. Request any one please help how to take this to next level

Best Regards
Durga Prasad

viswanath   23 April 2018 at 22:55

Death claim

My father is having account with SBI Recently he expired .He is having 2 SB accounts and One senior citizen saving scheme deposit worth 5 lacks is having nominee (may be quarterly interest) and TD’s worth of all i mean senior citizen saving scheme deposit, SB and Term deposits total 9.5 lacks. All these are under one CIF account out these 3 are having nominee and other are not having no nominee. When we consult bank authorities for claim they are saying its not possible to settle partially even though nominee is registered. They are asking witness and Surety for 15 lacks from other person not related us. Kindly let us know the correct rules to claim the process. Please do the needful

mohit jain   23 April 2018 at 22:47

Ownership of property

My grandfather has the registry documents in his own name in respect of the property that is earlier (20 years or above) a document is prepared on a simple paper for distribution of property between the two brother that is signed my grandfather.
But now My grandfather claiming that propert's registry in my name on legal documet so it is mine.
My question is that who is the legal owner of the property ?

Abhishek   23 April 2018 at 20:40

Property distribution

‌Sir my father has a land which is inherited from my grandfather , 4 generations old and house in which was constructed by my father and uncle together . They have divided their farm land already 7yrs ago ,1) so question is whether it is my father's self acquired property or ancestral property & 2)we are 3 brother's ,I am the youngest and my parents live with me because my brother's are not willing to share responsibility. So whether my father can write me all the property or 50% of it if he wants as my brother's are threatening to take legal action considering it as ancestral property .3)There is a commercial land also in which he wants to give me the total front side .So whether it is possible if he wants to make a registered will . Can my brother's dispute his will ?