Anonymous
10 August 2021 at 19:20
This is a story of a friend of mine who was a government servant, who had retired on superannuation in 2007 at the age of 60 leaving two widows and four ( two from each wife) children to survive. All children are above age of 25, and probably no one is fully dependent and no one of them was dependent on the deceased pensioner father at the time of his death. It is only an issue of the widows for their survival. The details are described as follows:
His first wife( widow): Was married to him approx 50 yrs back, had two children, The husband and wife were not in good terms, and according my fried the wife was nagging wife. He used to be in disturbed mental condition always in his young age, as the wife used to creat some or other trouble in the family. After having children she left him and went to her parents putting him lonely. The man compromised number of times for re-union but the trouble continued.... In the meantime he decided to marry another woman, who was proposed by his well wishers. However my friend was not entitled of free to marry her in the shadow of contemporary CCS (Conduct) rules applicable to him as government servant. So he married the 2nd wife unofficially, in absence of any permission from his first wife or any other permission from the employer.This lady, his 2nd wife, was a caring girl and was much in love with the husband. Naturally the man was also in love with her time his last. (They had two children of out of this marriage.) However the first wife who had left him before his 2nd marriage, after a while, had to come to him with her children, as she was compelled owing to adversities. The man allowed her but with the private instructions that now she won't get status as that of a wife.She will get shelter and will have to live in the family as an Asylee or immigrant. As the lady was helpless she continued to live him, and nevertheless she was married to him, and also had her name mentioned in the initial official/ service records of the husband. Time passed on, decades passed on and last twenty years of his employment in Government department, this big family lived in Mumbai. After his eldest son from his wife had grown major, the father arranged for living and the first wife started living with her own children in adjacent area of the metro city, During this period she continued to attempt complaining to his office about his illegal marriage and other matters. As the man was clever and conversant with rules he somehow managed to face and escape the consequences of these complaints.
The important part of the story starts here onward. The man retired peacefully on superannuation, but he did not mention name of any of the wife in his retirement papers which he had to submit to office well in advance before his retirement. The reason is obvious, that his 2nd wife was not having official status anywhere in the records, and he was not willing to pass on benefits of retirements to the first wife, who, according him, had troubled him a lot during his married life. It was also for the reason that the 2nd lady who loved and cared him may think that the 2nd wife may think that despite her dedications he'd passed all the retiring benefits( family pension mostly) to the lady who troubled him. His office reminded him again and again to complete his retirement papers with details of his spouse, but he did nothing. Finally the office considered his papers after a reasonable delay (as the papers were not complete), finalized his case and commissioned his pension, and paid all his dues those were due to him at the time of retirement. He enjoyed benefit of regular pension with his 2nd wife and their children for nearly 10+ years. and died after at approx age 70 yrs. The major part of his life was spent with his 2nd family( 2nd wife and children) The bank from where he was receiving pension was duly intimated about his death by his 2nd wife. However no family pension is received to any of his wife. As both the wives do not have cordial relation, no one has consulted each other. As the pensioner was my colleague in service I have gathered the information that both the wives remain deprived from family pension. First wife is ignorant, does no possess any paper had tried to tackle this issue through an application to his pension office. However she was denied for any benefit as her names is not declared in pension paper,nor any joint photo or finger print is found attached to official records. ( however her name is certainly mentioned in initial record like service book) 2nd wife naturally cant apply for pension as her name had always been avoided to be mentioned in records by the pensioner to avoid charge of violation of Conduct rules and its penal consequences.
I think I have given almost all the information, I have in this case/matter... Can anybody from the experts throw any light on this matter.. Is any one of the wives is entitled to the benefit of Family pension? When the Government is inclined in sympathetic manner in each and every pension/family pension case, how these poor ladies remain deprived from family pension? Rules say only official wife is entitled to family pension, how the justice can be done with the 2nd wife who cared the pensioner till his last.? Today She can prove that she was married wife of the pensioner, and has children from their marriage, Pensioners name is linked with the children, and other identities like Ration card, PAN CARD, Adhar Card etc, But will the claim be accepted by the the authorities concerned after lapse of 2-3 years.? OR is the justice in this case a matter of a simple application - Like touch and go.. Kindly express justified opinions. Thanks ( kindly excuse for spelling mistakes, if any This is put up without rechake.)
pallavi agarwal
10 August 2021 at 17:05
Employed in a central govt department , promotion for was denied and considered unfit for promotion on ground of last reckonable APAR i.e. of 2013-14.This year APAR initially had been marked as good against which gave a representation. This APAR had been upgraded from good to very good by the competent authority after taking comments of reporting and reviewing officer, by passing a 4 page order. All other APARs are outstanding or very good. Since then received 2 promotions on the basis of same upgraded APAR. However the last DPC has considered APAR unfit saying it decided to consider the remarks made by reporting and reviewing officer in the APAR for over all assessment and assessed the officer as UNFIT. Since then have put various representations , however have not received any reply for the same.
Kindly advice
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vijay star thalapathy
09 August 2021 at 20:09
Dear Sir,
Seller had a power of attorney and sold to the buyer, later we found that there is clerk mistake by adding additional survey number to the document which was actually not in mother document, now the seller with POA accepted to rectify the document but the power issuer is not signing to provide living certificate. How to handle this issue? Kindly advise. Is living certificate really required for the rectification deed? As the Powe owner is ready to do the rectification deed..
Anonymous
09 August 2021 at 18:47
one of my client is a partner in a firm with his two brothers. They are insisting my client to retire from the firm and he will be paid only capital balance standing to his credit on the date of retirment.
The partnership deed has a clause as follows:
"Any partner who wishes to retire from the firm may do so by giving three months notice to the other partners and retire by taking the money standing to the credit of his capital account. He shall have no right to the goodwill or other assets of the firm".
The firm is having 100 crore business and is a debt free firm earning profit.
My query is whether my client is barred from claiming his share of business based on valualtion of business and
also share of goodwill to be valued based on valuation of business and goodwill by an expert.
what course of action can be taken as merely acceipting his share of capital to the credit of his capital account is
not fair.
shyam lal
09 August 2021 at 14:23
As per the registered WILL,a coshare holder of the undivided property has to give one months notice to other coshare holders before selling his share to a third-party ,query is if no notice is given & sells his share,what are legal consequence's.
Anonymous
09 August 2021 at 11:44
Hi, does anyone know the meaning of standing at the bar? what is the difference between date of enrollment as advocate and standing at the bar?
Anonymous
09 August 2021 at 09:31
Sir I've given power of attorney to my cousin to sale my land 4200 sqft. But He conspired n registered it to his wife n brother in 2017 itself without my knowledge n amt has not settled me so far. This I come to know only last wk. Wn I ask abt his cheating he is not ready to talk with me. Now the value is triple time enhanced. What law says. Kindly advice me sir
Shalin Shah
08 August 2021 at 22:33
Thanks for your reply to all senior lawyers. In fact, Today my customer from Dubai has send me an email threatening to send me legal notice. He send email by making comments to recover the advance amount 60% as he wants to void the PO. My question: Can a party from Dubai send me legal notice for recuperate his money ? I have PO from him mentioning payment terms 60 advance /40 before dispatch and Proforma Invoice from me mentioning same. we do not have any other contract signed.
What can be done in this matter from me now from India ? Can I send him mental harassment and cheating and fraud notice ?
Deepti S
08 August 2021 at 18:12
My name is Deepti Shishupal. I was working with a travel firm due to pandemic there was reduction in the salary due to which I was not able to make payment of the loan. I had infed the bank about the same but the were not reduce the emi. Now they have issued a legal notice . Please advise
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Contractual liability waive-off
Hi Expert,
I have joined a company in pandemic due to desperation and signed a contract of 3 years. But after 3-4 months I learned that the company is not worth giving 3 years for. I had contractual liability of serving 90 days notice period and amount of 350000 and also for guarantee they have kept an undated cheque of 240000 at the time of joining.
When I have asked for that why this much amount they said they will give us 3 months training and there is cost of hiring included. But the training was just for 19 days and I started working after that.
So, I have resigned and served full 90 days notice period. I have also requested for concession in the contractual liability amount and but they are not willing to give my any.
What can I do ? Any help is really appreciated.