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Anonymous   08 April 2021 at 17:21

Resigned but not relieved

I have come across a case, where an employee was asked to resign and he duly submitted resignation via email. But the resignation was never acknowledged or acceptance issued by employer.

Now the notice period has expired, but no relieving letter has been issued by employer even after a week of expiry of notice period.

As the employee would prefer the employment to continue in current difficult scenario, he has not asked for relieving / relieving letter.

Is the employee still employed by the employer per law? And is the employee entitled to wages till the time formal relieving is done?

chirag patel   08 April 2021 at 17:09

Bank refuses to return property documents

if bank refuses to return original property documents even after full and final payment of home loan account citing the outstanding in credit card and personal loan account, which court to be approached..can bank refuse to return original property documents like this.

SSK_2019_DEV   08 April 2021 at 09:57

Pf withdrawal

I have been working since last 20 years, during my tenure my first company had PF with the EPFO office for the first 12 years, after which I moved to a company which had exempted PF trust for 5 year and then moved again to a company which had PF with EPFO for 3 years after which I have resigned and no longer working. I want to withdraw my PF now, I understand if the PF withdrawal is is done before completing 5 years is taxable, in my case will the 5 years of exempted PF be considered as period of service?

Latika   07 April 2021 at 17:47

Buying a pagadi property

Hello,
I have sold my house in Nov 2019 and now wish to buy another property before Nov 2021. To avoid property gain tax I'll have to buy the house asap.
Recently I have shortlisted a pagadi property in Andheri west. The property is in custody of the original owner.
Will there be a sale deed?
Will the transaction be registered?
How much would be the stamp duty n registration charges?
Please guide...
Thanks n Regards,
Latika

Anonymous   07 April 2021 at 14:18

One member- always allegations if actions not as per wish

Dear Sir/ Madam

Cooperative Society issue
We are having one member in our society who has a habit of constantly complaining with allegations if decisions are not as per his wish .

1. We have appointed a accountant for maintenance bills preparation and issue to members. The accountant made error in his bill in one month. Member reacted by saying it is harassments to him due to his wrong bill. However accountant had asked details from the member but member refused to provide. Also this error happened as we had changed accountant and new accountant missed to see that one month payment member has done.

I am the secretary, as part of committee what should be our action. Should we remove the accountant on his request. This process of changing accountant is very tideous however not sure how can one instance of such error become harrasment to this member.

2. The member needs copy of AGM video. We as committee are ok to provide but not sure on what the guidelines say.

3. This member has attended almost 3 AGMS in last 5 years. We have also asked the member to join the committee as he is self-employed and knowledgeable but he refuse to do so. Now he has rented out his flat and staying at other place.

4. We did change of security personnel which was working for last 7 years. The member mentions that why did we do the change. We followed the regular process of selecting the security company (best of 4). We went to security vendor sites and identified how the security works and follows rule.

5. The member has issue with manager since he refused to give him special status of replying on priority.

Myself and our committee members are working class in private companies. We try to manage the society to best of our ability and transparency. For this member we have already asked him to take responsibility which he refused.
We have always supported and welcomed his suggestions and ideas where we could find suitable and possible .
However the concept of cooperative society work on the term cooperative. We find this member as trying to direct the committee and if we do not act as per it he starts blaming with all the false representation.

Request your guidance.

Regards
SP

Anonymous   06 April 2021 at 21:20

Ignorance of privacy

Dear sir
My Neighbor is constructing multistorey building upto 3 floors and he is having windows opened towards my house. My house is single storey with roof for relaxing. Due to this windows towards my side my family members found it is overview on us and indulge in our privacy. Do I have any right to ask him to shut those windows. Please advise me.

prabir   06 April 2021 at 16:54

Review application

In response to Mat suit that was decreed ex-parte, the respondent filed an application u/ order 9 rule 13. The application was allowed on erroneous ground that service was not undertaken by court process server. However, during review of the said order, the HC acknowledged that the service of summon was undertaken in ‘more than one way’ but prayer of petitioner to set aside the order u/o 9 R 13 was denied because for different reason as stated by HC ‘there was a change in 'set of Lawyers' during review; which again was inaccurate. My query is whether I could ask for review of the order in lower court where the decree was set aside based on the High Court order?

Anonymous   06 April 2021 at 14:28

Adoption deed was created on white paper dated: 5-10-1951.

RESPECTED SIR,
ADOPTION DEED WAS CREATED RECENTLY ON WHITE PAPER DATED : 5-10-1951 AND FILED BEFORE THE HON'BLE COURT BY THE PLAINTIFF . WE THE DEFENDANTS DENIED THE WHITE PAPER DATED :5-10-1951 ON WRITTEN STATEMENT. IS IT VALID AS EVIDENCE IN THE COMPETENT COURT. AS WE WANT TO SEND THIS PAPER TO FORENSIC LAB TO IDENTIFY ITS AGE OF WHITE PAPER DATED : 5-10-1951 AND ALSO AGE OF INK .
IS IT POSSIBLE TO SEND THIS PAPER TO FORENSIC LAB BY FILING PETITION UNDER EVIDENCE ACT. CAN WE PROVE THIS PAPER IS NOT IN THE YEAR 1951 .. AND ADOPTION OF FEMALE BEFORE 1956 IS VALID ADOPTION? THANK YOU SIR.

Anonymous   06 April 2021 at 12:37

Gift deed

Have some queries on the Gift Deed with respect to Moveable properties:-

1. If the Gift Deed is executed wherein moveable assets are gifted to the DONEE and if something happens to the DONOR prior to execution and/or preparing the WILL, then will the Gift Deed be questioned? Is it necessary to mention all the moveable assets in the WILL (including the ones that the DONOR has already gifted via the Gift Deed to the DONEE)?

2. Can Fixed Deposits that are yet to attain maturity, be gifted by the DONOR to the DONEE via the Gift Deed?

3. Assuming if one of the heirs come to know that there are some more bank accounts and/or some moveable assets which have not been mentioned in the WILL (these are the ones that the DONOR has already gifted via the Gift Deed to the DONEE) and if the DONEE produces the Gift Deed which shows that the bank accounts and/or moveable assets which are missing in the WILL have already been gifted via the Gift Deed, then, can the Gift Deed be challenged by the Heir?

GIRISH KUMAR VISHWAKARMA   05 April 2021 at 20:27

Does imla malak has any right in slum declared area of slums

Dear expert,
I have a commercial shop in my fathers name in slums of malad mumbai Maharshtra since 1974.My father has recieved the patch card holder (by government of maharashtra) in 1976.One Mr. V sharma has showing his status as imla malak as per the property card implemented in 2003.
He is taking the exaggrated rent from the chawl tenents and from us also,now due to the corona,we are unable to pay the rent further,but still we issued a cheque of Rs. 3000/-in month of january 2021.
I have recieved a reply from collecter encrochment after RTI that the said area is slum declared in 1976.
Now Mr. Sharma has issued us a lawyers notice for the (exaggrated) rent or else to evict showing us a licensee and asking for the monthly compensations of Rs.250 per month also the accumalated amount .
I need your help for following,
1) what is the legal status of Mr. sharma for said chawl as per the property card showing him imla malak.
2) Does he has the right to collect the rent or compensation from the slum room occupier like us.
3) What is the meaning of slum declared status of the said slum as per collecters letter for the said property and benefits to us.
4) On what basis and content we can reply to him for the said notice.
5) What will be the future of Mr. sharma as the slum lord.
6) Can he evict us even after the proofs of the said slum rooms or shop.

Request you to please do guide us for the same so as to reply the lawyers notice.
Thank you,