Member (Account Deleted)
05 May 2011 at 15:55
one father and his wife and one of their son acquired residential 300 sq. yd. land by way of GPA from one mr. khubi ram in delhi and all of 3 further executed a GPA (notarised) in favour of their daughter-in-law (the other son's wife). but the father dies in 2002 and his wife also dies in 2003 subsequently the daughter-in-law (the other son's wife and the last GPA holder) built a residential house with her own fund on the said land and dies in 2004.
Now the son who was one amongst them who executed GPA in favour of daughter-in-law (the other son's wife)has got evil intensions and wants to sell the ready built property but his brother (the last GPA holder's husband) and his sons are against this because their mother built the said house, pls suggest who is the legal owner of this property at present
JAYANTA KUMAR DAS
05 May 2011 at 12:54
Respected Mr. Debojyoti Barman,
At first I thank you to attend my lengthy query. In continuation to my earlier query, I want to supply more information as you did want.
I am a Contractual Lecturer in Electrical Engineering at a Diploma Engineering College (State Govt. Institute)under Dept. of Technical Education & Training, West Bengal. The "renewal" of every Contracts of 06 (six) months after an artificial gaps of 02/03/04 days are there. I am there since 11.11.2003 continuously in this way. I am also given the duty of the Head of the Electrical Engineering Department in spite of presence of "regular" Lecturers present in the said department. Can I claim "regularization" of my job ? and how ? I am 01st(first) Class in B.Tech. in Electrical Engineering. This "Post" is Gr.A of State Govt. General Service.
Sir, please do guidance to my this query.
Earlier information for your ready reference :
In March, 2001, 212 nos. of adhoc lecturers (similar to my contractual status) in different disciplines were regularized without appearing in the interview by Public Service Commission (PSC), West Bengal. I did join on 11.11.2003 as a Contractual (Full Time) Lecturer in Electrical Engineering in BPC Institute of Technology, Krishnagar- 741101. It is a Govt. Diploma Engineering College of Govt. of West Bengal under Department of Technical Education & Training, West Bengal. It has no connection with UGC. But it is duly recognized by All India Council for Technical Education i.e. AICTE and Diploma in Engineering is awarded by “West Bengal State Council of Technical Education”.
Those 212 nos. of adhoc Lecturers of the same Colleges of the same Dept., were not interviewed (true news and the said department could not reply to the RTI application) even at the time of entering as adhoc Lecturers. Only GOD knows about their recruitment criteria. Many of them were regularized even well before completion of 02 years after joining as adhoc lecturers and also few of them had no minimum percentage of marks as specified by AICTE (so it is illegal appointment) for those posts. But myself along with many others were properly interviewed by an Expert Interview Committee which was equivalent to PSC before the recruitment as Contractual Lecturers. Also our interview was done after collection of applications against open advertisement in different Class I newspapers. After screening of applications interview letters were issued. Our posts are of “Group- 1 Gazetted Officer” rank in West Bengal General Service. Also we are recruited against “Permanent Sanctioned Posts”. West Bengal Service Rules (WBSR) - Part 1 says 03 years’ continuation with success as temporary employee will be regularized. It also says that any appointment may not be through PSC, but with proper interview after open advertisement for the recruitment in different class- 1 newspapers, cannot be said as “Back Door” entry and “illegal” selection. So this “irregular” but “not illegal” recruitment can be regularized. AICTE also agrees with this process of recruitment procedure. This is also supported by the Judgement of the Hon’ble Supreme Court in famous “Umadevi” Case. The judgement delivered on 10.4.2006. This judgement also said about the regularization of such “irregular but not illegal” posts as one time relief to existing temporary employees before any regular recruitment. After this 10.4.2006 no regularization was done in our department. Also in a regular selection in 2006, no necessary age relaxation and due weightage of experience in those posts were offered to those Contractual Lecturers which is contrary to “Umadevi” verdict.
I am still continuing. The Department of Technical Education and Training is renewing / extending our contract for 06 months after keeping gaps of 02/03/04 days after every renewal. I want to mention here that according to the judgement on April 22, 2009 of the Hon’ble Supreme Court in Case No. CIVIL APPEAL NO.7922 OF 2002, those types of terminations and re-appointments are illegal. Also in article 25E of Industrial Dispute Act, 1947, it had been stated that “a minimum of 120 days’ work in every 06 months – is the definition of “continuous job” which we satisfy. In the judgement of Civil Appeal Nos. 4256-4257 of 2010, the Hon’ble Supreme Court had said the places where regularization can be done. We also satisfy those. In 2008, allied Department of Technical Education for Degree Engineering Colleges, had regularised its 32 nos. of adhoc / contractual Lecturers with minimum eligible qualifications but with few are over-aged. Also, many departments of Government of West Bengal had regularized their different temporary employees since 2006.
Please do advice me suitably. Should I proceed to State Administrative Tribunal for Regularization ?
Thanks.
Anonymous
04 May 2011 at 22:21
Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.
Anonymous
04 May 2011 at 22:11
Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.
preet
04 May 2011 at 17:01
I have been sanctioned a term loan & cash credit limit of Rs.20 lacs & Rs 5 Lacs respectively. We have availed the full term loan of Rs. 20 lacs. But cash credit limit partially to the extent of Rs. 1.25 lacs only.
According to securitisation and reconstruction of financial assets and enforcement of security Interest Act.2002. u/s 13 (2) of serfaesi. This section will be implement when the amount has been gone up minimum 20 % extra.
Now please guide me which amount will be counted:20 lacs or 25 lacks to calculate the 20 %.
Thanking u
rajat gupta
03 May 2011 at 19:58
Is there anyone knowledgeable about the Building Bye Laws ?
Subject is, that I made a small investment in a office space in Faridabad, but the builder seems to be taking us for a ride. He's offering us a unit which looks like a tunnel - just 6 feet wide and 38 feet long.
Apart from the fact that this tunnel type of a layout is useless, I think such a narrow width may not be allowed as per Building Safety laws, as personnel movement and evacuation would be severely restricted during emergencies. So, I need to find out from an architect, if such a small width is allowed as per the Building Bye Laws ? Someone told me that a minimum width of 8 feet is necessary as per Building Bye Laws. Is that true ?
Regards
Rajat
hardeep
03 May 2011 at 16:37
Dear Sir,
We are purchasing/procuring excisable goods without payment of excise duty from a company against CT-1 Bond for export. The company providing us goods against ARE-1 form in a natural colour.
We are further getting these goods zinc plated from a job worker who charging us Service tax in his bill.
We want to know, can we take credit of this service tax amount as a input service cenvat credit.
Please reply and oblige.
Very thanks.
Hardeep
Anonymous
02 May 2011 at 19:49
I Mrs.P have put up this query but it was not clear,so i am puting it again
I am one of the legal heir of my dececed mother Mrs.T,her brother Mr.J made will in faour of his nephew Mr.A,depriving my mother, and his own brother Mr.K
On death of my maternal uncle Mr.j,the only executor Mr.A filed case for probate. During pendency of suit he died,and due to his death the suit was withdrawn by his lawer.
Brother of Mr.j,that is Mr.K also expired.and now my mother Mrs.T remaind only legal heir of Mr.J
mother of Mr.A,Mrs.PA approched court for substitution but the same was refused.
Mrs Pa was also given some ornaments in will. Hence she now approched court as benificery in will for latter of administration wtih attched will.
She is benifciery for only small protion of
total assets. total fixed asset amount to
rs. 1 crore and the ornaments are valued at Rs.1.5 lac only.
Now recently my mother Mrs.T also expired and court sent me citation for filing caveat, which i filed.
The will appears to be fraudulant.
My quation is,
Can I plead that as only small portion of ornament is given to benificery Mrs.PA,and that to is in her posseion,and as she has no right on fixed asset,as on death of her son Mr.A,no right to sue survive on her,the latter of administration should not be give to her, and I along with my borther and sister,being legal heir claiming under my mother Mrs T be given the all other fixed assets of my mothers share.
Is it a proper plea,or I should chanllege the will whcih may longer time.
Kindly guide me.
Anonymous
02 May 2011 at 16:58
what are the laws favoring unauthorized occupant? how can I evict such an occupant? I am the owner of the said property. He is been staying as a son of the seller.
I cannot suit the seller.
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BREACH OF EMPLOYMENT RELATED ACTS
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