Anonymous
29 November 2021 at 15:22
My father died in India about a year and a half ago. I live overseas so was not able to visit until recently due to Covid travel restrictions. I went through the process of filing disease claims at banks. I found that one person that my father trusted withdrew a large sum of money from his account a few days after his death via a cheque. This person is not a family member, and I am the only legal heir. He was aware of my father's death and also attended the funeral. He claims the money was given to him by my father for a charitable cause. My first question is whether is it legal for someone to encash a cheque from a bank account of a deceased person in India? My second question is do I have a recourse to pursue this and recover the amount? Thank you.
KVA Kutty
29 November 2021 at 10:36
One of the condition for adverse possession is continuous possession for long duration. This duration is specified in specific relief act / limitation act. It is heard that there is exclusion in the law and they are land belongs to minor, mentally challenged personnel and members of armed force . Could you please confirm that the land belongs to minors, mentally challenged personnel and members of armed force cannot be encroached and claimed for possession on the basis of adverse possession law ?
Shreyas
29 November 2021 at 08:13
In the year 2000 ,we 5 brothers made partition deed of our Ancestral agriculture land and it was signed by all 5 brothers and also registered in sub registrar office.actually at that time i got 1 bigha of extra land compare to the other 4 brothers by mistake.and they all signed the partition deed and also registered in sub registrar office.now in 2021, we 5 brothers are going to sell this land so the buyer tell me that he will give the money of my 1 bigha extra land to me only in my hand instead of giving it to the rest 4 brothers because that land is on my name currently.but my 4 brothers tell me that you have to make 5 parts of this money which you will recieve from buyer otherwise they will file case against me in court.so i want to know now it is possible for them to claim this 1 bigha land if i am not giving the money of this 1 bigha extra land to them?
RANGAM SREEDHAR
28 November 2021 at 17:34
My wife filed a 498A case against me and my family 10 days before her death due to cancer. I spent almost 40 Lakhs on her treatment. When she was in the last stage their family members guided wrongly that after her death my daughter will be on-road and the case was filed.
Now the problem is I am NRI and my parents live 500 km away from the court and not possible to attend every hearing. Witnesses not even attending court as they will not have any evidence proof to say as I spent 40 lakhs and got all reports and bills.
Trail completed and summons to witness is pending, police are not helping out.
Please advise me how to get out of this case and any way to avoid hearings were ready to attend when required.
Irfan Patel
28 November 2021 at 16:02
I am currently residing at my father house who died and the my younger brother me and my sister has given noc and transfer the house in my other name currently me my brother and we all 3 are in the nominee list my brother is sharing 40% my self and my sister sharing 30%.
IF we have given and amount to my sister what is the procedure to take noc from him so he should not claim for the property which is in my mother name.
I be-leave we can do a notary and can take noc if yes then can I have 2 original notary so as a proff one should be kept with me and one should be kept with my brother and if we are doing a notary do I need to involve and person as grunter ?
shyam lal
27 November 2021 at 22:37
Experts kindly simplify in simple language if one has to explain to a lay person the following...........
"It is well settled that registration would be necessary only if the terms of the family arrangement/settlement are reduced into writing."
Anonymous
27 November 2021 at 20:42
Dear LCI Council/members,
My Divorce petition which was contested though in the order it was mentioned as Uncontested Dismissed with costs. I had appeared for all the dates of hearing however only judgement day or the order I have not present.
I'm posting here this is due to no proper guidance or support from my lawyer.
It happened in 2019 and after which I had appealed in high court.
Now my query is will someone guide me or can put some light on this why is Uncontested Dismissed with costs and may I take step to file any appeal now.
Please help me understand if this is not the right request.
Thanks.
Anonymous
27 November 2021 at 19:23
Dear Expert
Kindly help to know the election procedure of association registered ACT 1860.
Is this applicable all over INDIA.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Gratuity amount denied by the company.
Hi Sir,
I have worked with a firm (Leucon Technology Pvt Ltd - Rocketbox)Â for 15 months and every month, the Gratuity amount was deducted of Rs. 828. In the month of August one day suddenly my employer asked me to put down the paper reasoning my performance issue.
After 2 months they sold their company stake to Rocketbox that time they paid Gratuity to employees, who worked for less than 6 months.
When I confronted them, they said, it's their company's will and people who left the company are not eligible as they have not completed 5 years in the company.
Sometimes they say, Company is only liable to pay, when the company completes 5 Years. And company completed 5 Years in November.
As per the new Gratuity Rule, A person who completes 6 months or 1 Year in a company is eligible to get the gratuity amount.
I have a couple of questions.
1) If I am not eligible then how an employee who completed only 6 months is getting a Gratuity amount.
2) What are the options are left to recover the Gratuity amount and how