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Sandip   12 April 2021 at 09:10

Re: gratuity recovery certificate certified copy

Repected Experts,

I have filed Gratuity recovery application to Labour Commissionar office through an Advocate which I got order for recovery on gratuity then filed Form T to generate recovery certificate to proceed for recovery of my gratuity amount to collector.
When it was getting too late I approached to controlling authority i.e. Asst. Labour Commissionar via email and came to know that it was issued already and they sent copy of certified letter on mentioned address in Form-T, and sent me photo of it via email. By looking into letter I came to know that the contact person who filed my application have mentioned his address as C/O instead of my address hence I did not recieved the letter.
I went to him to collect my letter but he denied to give me original and said that he is authorised person to recieve the copy for further proceeding in my recovery application.
I read entire Gratuity Recovery Act 1972 and no where found that advocate is authorised since the recovery application can be filed by applicant, nominee or legal heir only.
I would like to know that is it legal that he is not giving me the letter which is on my name. If not that what should I do. Is there really advocate required in such application since it is not writ petition or any legal calim filed in court?

Please advise.

Anonymous   12 April 2021 at 05:51

Decree null and void

Society filed suit in district court for specific performance to sign conveyance deed and got decree in its favour in 2007. Land affected by Urban land ceiling so Decree non-est ( ulc act repealed after the decree was passed). They then (post repeal) proceeded in executive court and Conveyance deed signed by a court commissioner. Thereafter society went in for a development agreement (Redevelopment). Redevelopment is complete. As decree is non-est and void, Is the Conveyance deed, Redevelopment deed void and is redevelopment illegal? What action needs to be taken by the original landowner?

Anonymous   11 April 2021 at 21:13

How to prove legal heir or wedded wife? by divya

My father was central govt employee. He went missing in 1999. My mother lodged FIR in 1999 and after a year, police submitted their non traceable report to the dept. Dept told my mother that she can only apply for family pension after the period of 7 years. She went in 2007-08 but They told my mother that my father is removed from services.

I filed RTI in 2015 to know the reason of his removal. I got to know that they filed charge sheet on the basis of absence on duty. We challenged the removal order in tribunal. Now they replied that there is other name in nomination so the dept is now saying that the nominated person is first wife of my father. So my mother is not entitled for family pension. My mother never heard her name from my father/in laws. My grandmother was died when my father was 5 and my grandfather died 20 years ago. We also not in touch with our father's brother.

I went to our native village to confirm from the people who know my grandfather/father. One of them told me that she was his first wife but she left him because my father was mentally upset. She filed divorce decree after 6 months of marriage. Ex parte decision was in her favour and she granted divorce. After some years, she got married to another person and my father got married to my mother.

We got free legal aid from Dist Legal Service Authority. Now our lawyer is saying that he going to withdraw case because we hide facts from him or else hes saying that look for that first wife and take affidavit from her that she dont have right on family pension, she divorced with my father and remarried to another person. Second he told us that if we produce succession certificate/legal heir certificate then case can be in our favour.

Now the first problem is that we dont know where is she and second problem is that police didnt provide us non traceable report. The dept obtained non traceable report directly from S.S.P so without non traceable report we cannot apply for death certificate and without death certificate we cannot apply for Succession Certificate and Legal Heir Certificate.

Please help what should we do now?

Anonymous   11 April 2021 at 20:03

Exorbitant charges demanded for noc

Dear Sir/Madam,
My wife purchased a piece of NA land from a cooperative housing society in a village near Gandhinagar at Gujarat in 2011. A sale deed was done between the secretary of the housing society and my wife at SRO Kalol.

Now she intends to sell the property. The buyers lawyer is demanding 7/12, 6, 8A and NOC from the society. The developer who is the secretary of the housing society was approached. His answers are as below
a) 7/12 will have the name of the society and not of the plot owner.
b) He is asking her to sell the property back to her at a cheaper price than the prevailing market price or else pay an exorbitant amount to get a NOC from the society without which she cannot sell the property to anyone.

Please advice how to proceed further.

Thanks in advance.

Anonymous   11 April 2021 at 17:09

Ancestral property

According to supreme Court judgement In Vineeta Sharma vs Rakesh Sharma on 11 August, 2020 . Father need not be alive till 2005 for a daughter to get share equal to son.

Section 6 of Hindu succession act 1956.which was amended in 2005 is retrospective.


My grandfather died in 1942.i have ancestral property on my name.i don't have any sisters or brother s. My father has a sister.
Now my father's sister son asking share for her mother using hsa 1956. My father died in 2003. Grandfather died in 1942.
So Hindu succession act applicable even if father died in 1942. Please explain. Because hsa was enacted in 1956 right.

Laxminarsimha   11 April 2021 at 15:54

Finger prints at sro

Hello Sir,
I purchased a plot this month.
In  Sub Registration office(SRO), Vendor's thumb impression was not accepted.
So, they took middle finger impression.
Is it fine? Or will get any problem in future?
And also it's not mentioned in the document about impression details

CHANNI MALIK   11 April 2021 at 13:03

Family pension of widower to wife

A marriage as per Hindu customs is solemnized to look after each other in old age when one predeceases the other life partner. A widower whose wife has died too does need someone to look after in old age. The query arises that for a widower would it not be proper to remarry/live in with a lady who can take care of him. If this be acceptable then she too must get family pension after the widower's death

Mrs R Chowdhary   11 April 2021 at 09:11

Son and his wife harassing me for property

Hi,

Our town fall under the Raebareli district of uttar pradesh. My husband use to work in state government and we built our house in the town. Also we have farming land and one shop. Shop is bought by my husband and farming land is from ancestors. Now my husband is no more, he died almost 14 years ago. Around 8 years ago my elder son does intercaste marriage against my will and his wifes parents will. His wifes parents were also not interested in this marriage and they also broke all the realtions from their daughter. My husband had given all the farming land for farming to smal, local farmers who use to give 50% crop share to us , same farming arrangement is continuing till now. After my husband's death my elder son has started keeping all the amount after selling the crop and not giving single rupee to me or even to my other two sons. I ignored this as I never wanted any dispute in the family. But now he has starting harassing me. Many time he came home drunk and started fighting and quarrelling with me. I am diabetic and BP patient. He wants to take all the property and mastermind is his wife.
I want to disown him from all the properties and from the house which me and my husband built.

Please suggest what action I should take as I have a fear that he and his wife may start harassing me more. And their intention is to harass me to the death so that they can capture all the property.

Thanks and regards


Vinita   11 April 2021 at 08:56

Full and final pending for notice period

I was working in a CA office. They had taken me as a fresher. As a fresher, paid less Salary. He was going to teach me all the work. At the beginning of the actual work, it was noticed that he was not teaching or communicating anything. They gave me under the hand of an article girl. She taught me as much as she could.
CA didn't teach me anything. Also there was no proper communication. Tired of being ridiculed, I quit my job the next month. They did not pay me full payment. He says the notice period has not been completed. But they did not give me an off letter or appointment letter.
It is that ca’s nature to speak sarcastically, to treat with contempt, he treats the article as such.
Also, no mail was given regarding Joining. I was taken as a fresher means I was on probation.
What to do?

joe joseph   11 April 2021 at 03:32

Charging high late fee

All,

I am owner of a flat in Kochi,Kerala. Few times I have paid the maintenance fee late. Society is charging a late fee of around 144% . Is this possible ?