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Dr. P. K. Pranav   23 July 2014 at 15:51

Land division rule

Dear Madam/Sir,
We are two brothers and four sister. My father has expired in 2012. Now we want to divide the land properties. My all the sister have decided that all the land property will be divided in two brothers only. Now, I want to transfer the land in the name of two brothers. What will be the legal ways to do it. My sisters are agreed to support/compromise in court also. Please suggest

Vimal Kumar   23 July 2014 at 15:50

Distribution of property

I am from kanpur, Uttar Pradesh. My father died intestate leaving his wife 3 sons and two daughters.
My father had acquired ansestral agricultural proerty. Now there is no agricultural activities on this land but it is agricultural as per the records of the Lekhpal.
As far as my knowledge heirs for such property would be all sons and his wife as per UPZLR Act.
My question is whether daughters will have right in such property?

pravin   23 July 2014 at 15:12

Proof that wife was not with me for 4 months

hello sir,
i am facing 498 my wife is saying that she used to live with from last 6 months but she was not with me from last 4 months so how to prove this fact.

thank you

Vinod Gunjal   23 July 2014 at 15:10

Relevance from company-3


If Current employer is sending me letter to join and telling me that they will relieve me on 30 th aug-2014 then should I join or not ? If I joins then their might chances of creating a problems from my seniors and HR? Then what to do should I write a mail and take some acknowledgement from them and then rejoin or not? If no then how to get relieving letter and experience letter? If I join same company again in good faith for just relieving letter and experience letter, should I join?
And whatever days I was absent what they will show absconding? How? As I already inform that will not report then how and in such cases what employer can do and in good faith they will relieve me?? Whether they give me my all experience letter and relieving letter n PF settlement? What should I do now pls suggest and

Requesting you to suggest what to do now

pravin   23 July 2014 at 14:58

Domestic violence

my wife has filed dv case against me 11 months after filing 498.can he do soo and what i must do to tackle this case.
thank you

Ananda   23 July 2014 at 14:53

Breach of agreement

hi,

We made sale agreement on e-stamp paper where we have explicitly mentioned to seller provide form 9 and 11 at the time registration(Karnataka)
But now he is refusing even he not ready to return the advance amount.

What are the steps I can take to get back my advance/site.

in the agreement we have mentioned that when we call him for registration he will come with all the documents required for registration and we have not mentioned any particular date about cancelation and registration.

and there is clause in the agreement if he doesn't turn for registration we can take legal action against seller.

site has been purchased for 13 lacks and we have made an agreement on 250Rs E-stamp paper, is it valid for filing case?

if I file a case should I need to pay the court fees?

what is the estimated court fees would be(in Karnataka)?

Vinod Gunjal   23 July 2014 at 14:45

Relevance from company-2

Condition of employer-

1-Notice period is of 90 days

2-one can adjust leaves/pending leaves against notice period.

3 pay for notice period for not serving notice period only basic salary

My question is if some served notice period for 30 days and told to adjust 60 days leaves against my notice period then they are not ready and told them in written
will not report after 10th may-2014 and no one should raise question of absconding,HR,legal ,labour issue should not be raised but later on iam not going to office for 20 days and after one letter comes to me to join office and call comes and they told to join office and will relieve you then what are the chances will they relieve smoothly and relieving letter n experience letter will get n PF settlement will get and how to tackle such situation and should mark mail to have clear cut picture on that and pls guide in details. I don't want to join but they should not spoil my career so should I join or not and explain what are consequences arises for if I said yes to join or no to join ??

DKTAZILANOM9909   23 July 2014 at 14:15

Whether our entitled leaves will be treated as notional working hour or not?

Sir, we are working in a PSU. Our duty hour is guided by the Factory Act, 1948 (Sec-51: WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week) i.e. our daily working hour is 8 hrs and weekly working hour is 48 hours.

Sir, as per one rule of this PSU if an employee works as per the above section of Factory Act, 1948 he will be entitled to certain benefits in his monthly salary. Our PSU is giving that benefit in the monthly salary of any employee if he did not take any leave in that month. But when that employee is taking any leave in any month then he is not given that benefit in his monthly salary of that month. Our PSU rule didn’t say anything regarding denial of that benefit for taking leave. Our PSU’s justification is that as we are guided by the Factory Act, 1948 (Sec-51) when we are taking leaves we are not doing 48 hours duty in that week and we are not entitled that benefit in our monthly salary of that month though our PSU rule didn’t say anything in this regard.

Sir, our query is whether our Management is doing the right thing by denying that benefit for taking leave? Whether our entitled leaves will be treated as notional working hour or not? Sir, if possible pl clarify in details.

regards,

Arup


surjit singh   23 July 2014 at 13:56

Declaring a sale deed illegal

Fact of the matter :
There are five brothers between them a partition was done mutually and a PANCHANAMA was prepared on plain paper having only the signature of the panchs. where one of the plot was divided between two brothers. One of the brothers sold the whole plot saying and stated that in one plot he has taken 1 katha less, but the Panhanama does not says anything about other plot.
Supose the Panhanama is not taken into consideration because it does not contain the signature of brother, then in that case is it right to say that all the five brother will have equal share in all the plots. Kindly note that all the plots are agriulture land.
Myself is the petitioner in the case and I bought the plot half share of one of the brother in that partiular plot. I bought the plot after ten years from one of the brother, and got mutation from Circle Officer and paying land revenue. All these doument have been produed before the Court as exhibits. Since this was a agriulture land the respondent conealed the fact that whole plot was purchased by him, it came to light only after the petitioner bought the half share in the plot according to the Panhanama and started to plough. The respondent has produed only the sale deed before court and no ther doument.
The brother who sold the whole plot has filed his WS where he has stated that he is entited to only half of the share as per Panhanama and this sale deed was prepared falsely by the respondent taking advantage of his being semi literate.

I want your expert advice and also citation judgement on this point. Kindly reply.

Anonymous   23 July 2014 at 13:49

Fed up with daily mess...with wife

Please help me and suggest me what should i do..... I got married to a divorcee girl on 18 feb 2012 through arya samaj marraige act but after few month we are finding difference in opinion. now it is very difficult for me to live together as she always threaten me she will commit suicide and she also lit up her dress one day and gathered neighbours at home. once after quarrel she have taken 20 pills of citrizine and was hospitalised for one and half days..i called up on100 and informed police regarding the matter but police started blaming and threatening me regarding the consequences if anything happens to her. she start fighting on no such big issues and create scene infront of neighbours and office staff and will use all kind of abusive word for me and my family and provoke me to hit her and after few days she will start saying sorry .she always speak negative about me in my staff but they also understand the situation so they ignore her. Now i really cant take all this any more ....please suggest me what should i do as she can anytime do anything i will be in trouble in way such as police matters and all ............. Again the same situation have arised...as always fighting on mere silly issues , threatening me to commit suicide even she sms "I am going to commit suicide and mukesh will be responsible" . I am really fedup of everyday mess. I have even recorded our conversations in which have abused me and later admitted her mistake. I have talked to her family member also to discuss this matter and her cousin sister admitted that this was the same situation in her previous marriage . I even went to ex inlaws house to enquire and the situation was same as it is today. I am living out of house since last sunday and after 8 day she has called me today. I really donot want live with her now as she always threatened me she will complain to women cell and will get u and family behind the bar. Pls suggest