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Parasuram Bhukya   24 September 2016 at 19:11

too much delay in settling my full and final settlement

Sir I have joined a telecom company in oct-2015, I joined this company same day when thay interviewed me on the aggrement of 1 month basic by back policy but unfortunately I didn't took it on writing but after one I have mailed them for pending 1 month basic salary as they committed, they asked me old Employers appointment letter that also I gave them, one more issue is as per new joining policy I'm eligible for 15 days hotel stay or own accommodation I took 10 days own accommodation approval from reporting manager, I sent all those printed copies to finance but they asked me hr head approval I went for approval but hr not approved said he did not promise me for that accommodation, I disturbed because they did not settled 1 month basic now own accommodation also rejected then I went to my immediate manager he also tried but get positive response, I have requested fighted with them many times one they called me office asked me to Resign so I have Resigned , as per company policy 3 months notice period has to be served or Company will pay you 3 months salary they recovered all things from me payed 2 months salary my last working day was June 18th, after 18th and within 45 days f&f must be settled but still settled, Please suggest me shall I go legally? ?

Ritesh Rathod   24 September 2016 at 17:44

Transfer of right of deceased female

My question is under Hindu succession act property of female or right of female in ancestor property is one of the same thing?

For example Mr A died without any will having a one house property. Mr. A has only 2 daughters i. e. B and C. C is also pass away withot will she have a 1 daughter and her husband as a legal heair.

Now Mr. A's property how divided between his 2 daughter one of them is died?

Silent victory   24 September 2016 at 16:51

Vat on under constrution property - final amount

Our builder continues to ask for VAT on flats purchased in 2008 from 2012 onwards . His amount has remained constant and at approx 5 % from 2012-2016 despite various trade circulars providing clarity on methods all the way upto 2014.

1. His requests are only in form of letters
without any computation

2 Through RTI i know he did not pay vat
in time and received notices and
finally an ex parte order with
interest and penalty exceeding the vat
amount .

3. He only claims his method is under Sec 58 but at 5 % his amount is 3 times what we think it should be

4. Society has been conveyed and possession letters given long back

Questions for experts

1.Is he within MVAT law to claim a figure from buyers without giving any backup or tax invoice

2.Is he oblidged to give proof of payment if i insist .

3. if there is a vague clause in contract that service tax and all other taxes to be borne by buyer ... does it become a perpetual surviving clause or it has a time limitation of 3 years fro his demand



K R Ranjan   24 September 2016 at 16:03

Querry regarding recovery action initiated by our banker u/s 13/2 and 13/4 of sarfesi act

Dear Sir/Madam
We as an SSI unit ( pvt ltd company) engaged in manufacturing of sheet metal components has borrowed term loan for purchase of toolings and working capital loans from Bank of Baroda in 2010 .
During 2011 an action (mass action)taken by local authorities of polution controll board , our unit was closed .
All though very next week board people visited our fascility and certified all the compliances , but it took all most six months time to get formal restart order.
Mean while our loan account has huge overdues .
We requested for restructuring of ac , against which we were asked to repay the overdues .
But again after repaying the same we were denied for restructuring.
we even requested to get a TEV study from third party as nominated by bank on our cost , but all in vein.
Finally bank initiated their various action in 2012 and it is still going on.

Now i need your valuable opinion on :---

1.Can we sue bank for not supporting us in the time of need arises by the factors ruled by the situation beyond controll of promoters.

2.Can we move to court for fixing personal responsibility of bank officials due to whoom huge amount including our equity and bank loan amount got in losses.

3.As per RBI guideline in a borrower must be given a second chance to repay his obligations .--- Up to what extent this can be applied forcefully for a banker .

VIJAY RAGHAV   24 September 2016 at 14:40

Consumer court related

I Have won a case against a builder in APril 16 and the judgement is as below

"the builder has to pay me within 30 days from the date of receipt of this order"

The builder is absconding and not taking the order. Anyway out to this?

Ashish   24 September 2016 at 14:34

NOC from society

My society in mumbai is not giving me the noc to sell my own flat unless i pay them 75000 as welfare fund in the name of society. I have already agreed to pay 25000 transfer charges but can't pay any more. I need the noc for the buyer to get his loan disbursed. Pls help me out with this issue

Bilal Chauhan   24 September 2016 at 14:25

Nominatiion of a property

Dear Experts,
I am intending to buy an underconstruction house from a builder in Thane on which I will apply for housing loan. However to raise the housing loan eligibility, I have to take my father as the co-owner in the property and also co-borrower in the housing loan application. I am paying the booking amount completely out of my own funds and the housing loan will also be paid by me. I wanted to safeguard my interest in the flat so that in future any legal heirs of my father should not have a claim in the property. My father has not made a will yet and neither will he in future. I have been advised to put a nomination clause in the agreement for sale, however only nomination will not serve the purpose. Any legal heir can still put their claim on my flat. Please advise me what is the best solution for me.

P.S.:
1) I have no other option but to take my father as co-owner & co-applicant
2) My father will not make a will now or in future
3) I am a practising Muslim governed by Muslim Laws of succession

Shindu   24 September 2016 at 13:50

Ipc 420 and sc/st atrocities.

Dear Sir,

I am yogesh from Kerala,I have already filed a case under IPC 420 against a person who cheated 13 Lakhs rupees. After that I came to know that he cheated many persons in this same way by approaching as a dairy farm consultant who will be able to arrange loan and other govt subsidies. Reportedly 12 cases registered against him in different courts both criminal, SC/ST atrocities, and 420 cheating case. Finally all petitioners decided to move together against him. Please can you suggest me what are the ways to put him behind the bar. We are going to register a KAPA( Kerala Anti Social Activities Prevention Act). Can we approach human right commission ? or could you suggest which are the ways suitable to lock him ever !!

Thanking in anticipation
Yogesh

shrishriml   24 September 2016 at 12:39

Joint property

i own a flat jointly with my husband in which 80% of down payment was funded by him and 20% by me. EMI is being paid of the rent received and balance is paid by husband.

Now we are separated, how would the flat share be divided? how would the bank loan be settled in case he proposes to sell the flat and what is the share i would get. We have a 3 year old child and he earns more than double my salary.

Silent victory   24 September 2016 at 11:41

Vat demand on under construciton flat purchased in 2008

My Builder still follows up for VAT on a flat that i purchased and occupied in 2008

Facts are as under


1. Agreement signed in 14.2.2008 and
given on 12.12.2008. possession was

unconditional

2. Agreement does have a vague clause that any service tax or any other tax even in future will be paid by purchaser . However there is no fixed amount agreed

3. First demand was served in 14.12.2012
which was without any backup or
comuputation and without his VAT
regn no etc.We declined and asked
VAT comuptation

4. Second Demand was in 19.5.2015 after 2.5 years . This time a notice but without backup

5. Third demand was on 2.9.2015 this time he admitted claiming VAT under Sec 58 but no computation against ec 58 1 A and importantly 1 B that allows 55 % deduction depending upon agreement date

Question

1. Can he file a summary suit after so
long


1. Since he asked first in Dec 2012 and
we declined to pay does not right to
sue first accure in Dec 2012 ? is
this not time barred by limitation act

3. Whould a summary suit hold in absence of any firm debt amount agreed or a proper invoice / proof of having paid vat