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Ketan Shah   18 August 2020 at 06:48

Rights of the son and brother in commercial property

Respected Sirs

I have a commercial tenant who is running a Pathology Laboratory since 1974. However there is NO tenancy agreement as this law came into force from 1999. Also since this tenant has carried out illegal additions alterations in the premises for which a eviction suit has been filed in the small causes court. The status of this suit at present is I am under cross examination by the Tenants lawyer.A MRTP notice was served to tenant by corporation which he challenged in City Civil Court and this was disposed off in my favor Upon this Tenant filed writ petitions and appeals filed in the High court which have all come in my favor.

As it is clear that in Residential property the Tenancy rights are inherited by the legal heirs of the original tenant. But what is the position in Commercial premises. Over and above the Original Tenant is almost 77 years and he has stopped his practice as pathologist. The Lab is presently run by his son and tenants younger brother. Since the filing of the suit the Rent has not been paid. (Almost 10 years ).

Please advice. Thanking you in advance.

Anonymous   18 August 2020 at 02:29

Estoppel on record

THE DEFENDANT FRAUDULENTLY PARTITIONED PROPERTY AMONG SOME NAMES OF OCCUPANTS WRONGLY LISTED BESIDES THE NAMES OF TRUE CO-OWNERS BY MISREPRESENTING ONE OF THE OCCUPANT WRONGLY RECORDED. THE TRUE CO-OWNERS WERE DECEASED AND NOTICES WERE ADDRESSED TO THE DECEASED THEREFORE NONE APPEARED BEFORE THE DEPUTY COLLECTOR AND THE DEFENDANT GOT EXPART ORDER. LATER THE CAUSE OF ACTION TOOK PLACE WHEN THE DEFENDANT STARTED ILLEGAL CONSTRUCTION IN THE PART PARTITONED BY HIM. I FILED A CIVIL SUIT. NOW THE DEFENDANT PRODUCED AN OLD DEED OF SALE CLAIMING HIS PROPERTY IS THE SUIT PROPERTY. IN THE COURT OF THE DEPUTY COLLECTOR HE CLAIMED TO BE A CO-OWNER AMONG OTHER CO-OWNERS AND EQUALLY PARTITIONED A SHARE INSTEAD OF DEMARCATING THE PROPERTY. BUT BECAUSE THE PROPERTY DOCUMENT IS DEFECTIVE AND COULD BE REJECTED THE DEFENDANT PREFERRED PARTITION. IS THE DEFENDANT NOW ESTOPPED DENYING PARTITION AMONG OTHER CO-OWNERS? IF THIS PLEA WAS NOT MENTIONED IN THE PLAINT CAN IT BE RAISED IN THE ARGUMENT? OR WILL AMENDMENT BE NEEDED. THE CASE IS AT THE STAGE OF CROSS EXAMINATION. I HAVE A RIGHT TO THE PROPERTY AND I AM THE PLAINTIFF. THANKS FOR YOUR ADVICE.

Anonymous   18 August 2020 at 00:01

Regarding gratuity

can any government organisation refuse to give gratuity after 5 year service . saying that we have covered in gratuity rule 1976 and eligible only for gratuity when we retire or when died. No case when we resigned after 5 or more year of service.

neeraj   17 August 2020 at 22:49

Regarding lien of job

Sir , I am currently working in MP electricity company from 2013 as a junior engineer . I am on regular post here and completed my probation . Now I am selected in UPPSC as a lecturer in electrical engineering dept . Now I want to give technical regignatition and want lien for two years. So if I am not suited in that job so I can return to my parent job.

Sir pls guide me .

Anonymous   17 August 2020 at 18:10

Immediate resignation not accepted, salary pending.

Dear Sir,
I was working as an UGC approved assistant professor at a private engineering college. I had wholeheartedly worked there for five years 11 months even though salary was highly irregular there (sometimes 6-7 months).  I got offer letter from another reputed institution during Diwali 2019 holiday, then I informed my HoD on phone and resigned immediately  on email and  joined the new institute immediately as there was an urgent  requirement and I did not want to miss it.
Pending salary at that time of resignation was of four months (July to Oct 2019). I could not serve any kind of notice period. They refused to accept resignation by mail and asked  me to join immediately stating that I am a good teacher so students relying on me, complete the semester and then they will accept my resignation formally.  I had already joined the new institute.

I have  also given  previous college a written resignation. The remark given by HoD in front me was only "forwarded to principal".  However, later when I met principal to convince ,  I found bigger remark  that my semester  is incomplete and work remaining and all on it.  This remark is not written by HoD but the principal. However  principal is saying its written by your HoD and he can't accept it as its showing my  remaining work. In short, they have neither accepted not rejected my resignation. I met them 4 -5 times and tried to convince them for  releaving letter and due salary but they didn't entertain me at all.
That Principal is threatening me to inform at my new workplace and ask them how they joined me without releaving letter from previous employer and he will also send a letter  to me that I am absconding from work. When I met principal  last time in the last week and requested for may salary, he asked me to submit fresh resignation letter and told that submit it and then they will think and do whenever they want as I am not their priority.
My due towards previous employer are:
1) Three months (August, Sept, Oct 2019 salary)- July 2019 salary was also due but they credited to me in February 2020.
2) Examination remuneration from May 2017(University provides this in advance to college to reimburse to professors, yet its not given)
3) PF
4) Gratuity
Note: Its clearly mentioned in my appointment letter that either  party can terminate the order by three months notice or three months basic salary.

My expectations are cut my three months basic and release my due salary and other amounts as well as releaving letter.
My questions are:
Shall I give  fresh resignation letter as they're demanding?
Can he legally inform my current workplace and take action against me?
Can I take action against him, if he does so?
Can I get the gratuity? They haven't given to a single person who has left so far.
I am also afraid that I will get worse remark in releaving letter. (Though, my tenure was very good there and I have never got any memo or adverse remarks for anything during service.)
Kindly Help.

Monika Jain   17 August 2020 at 15:12

License for handmade soaps from home

Sir i have started handmade soap business from my home only and i have taken msme registration. Is there any registration or approval is required for that. Is manufacturing license can be taken from home.

Anonymous   17 August 2020 at 11:51

Noc from daughter

Sir may I know the procedure for NOC on parent's (they alive ) property from daughter, before her marriage if she is willing to agree all conditions ?
It means she doesn't want anything from her parents.

Ram Kumar   17 August 2020 at 00:18

Sale of leased land

Can I sell my land that is leased to a company for 30 years and a period of 15 years is remaining?
Additionally, the company has constructed office and other facilities. I have no right in the superstructure but want to sell my land without surrendering lease.

CHAITALI DAS   16 August 2020 at 19:37

Apartment

Our apartment committee is not registered..They are not working fairly..can i take any legal actions?

guddu   16 August 2020 at 18:52

Is it obligatory fo complainant to go court to quash fir

when asked to complainant to make settlement for quashing FIR in 380 ipc

complainant is saying i will sign settlement paper & will give you my ID
BUT i will not appear in court although he is living in same city in which accuse & court exist

will it work ?