Agreement made in rs. 10/- stamp paper before public notary
Riya
(Querist) 09 January 2016
This query is : Resolved
Respected Sir,
Please look into the question and put your views :
My father was an Employee of Eastern Coalfields limited and he expired on September 2012 during his service period after that my elder brother (Age 30) gave the employments of my father to me (younger brother age 27) on a condition that I have to pay Rs.25 Lakh.
And I joined service on April 2013, during the time of employment the EASTERN COALFIELDS LIMITED have undertaken a INDEMNITY BOND and AFFIDAVIT that I have to look after the dependent of my father i.e. my elder brother and his family, and then on May 2014 an agreement of Rs. 25 Lakh made between me and my elder brother with two witnesses. that in lieu of employment of my father I will pay me a sum of Rs. 25 Lakh within 6 months. But I failed to comply the agreement. Now I want to know that the agreement made in a Rs. 10 Stamp paper before the public notary.
Can he file a case against me on the basis of the mere Agreement of Public Notary and what are the chances of this case and what are the consequences as well as how vital is the INDEMNITY BOND and AFFIDAVIT which I have gave to EASTERN COALFIELDS LIMITED that if I fails to maintain they EASTERN COALFIELDS LIMITED is free to deduct my salary. if I don’t pay me the amount.
Please advice me I dont have so much amount to give him, what are the legal chances of my safeguard. Please advice.
P. Venu
(Expert) 10 January 2016
Your elder brother, once he a major and married, is no longer a dependent of your late father and the agreement is not enforceable.
Kumar Doab
(Expert) 10 January 2016
Your elder brother could have, if he was dependent/unemployed etc, asked family members to let him be the candidate for compassionate appointment.
He was not owner of the seat for compassionate appointment and neither it was a family property, that he could sell for.
He seems to elder, major, and self dependent.
You need to maintain the family out of earnings from employment.
Apparently the agreement seems to be unconscionable.
dev kapoor
(Expert) 10 January 2016
Hi
Let's 4get abt stamo duty. The crux is that his elder bro who cud get emoloyment in fvr of this gentleman & hence acquiesced in fvr of younger bro .The moot qn is "Whether such kind of agreement is legally enforceable? "
Riya
(Querist) 10 January 2016
Thanks all Ld. Experts my question is .
Whether the Agreement made between me and my brother is enforceable in court of law.
As the Main content of agreement is that The employment of my father had been taken on a condition that I will pay him all benefits of my father such as P.F. & Gratuity on that condition my elder brother have given NO OBJECTION during the time of employment. Which is vital part of employment procedure.
Under such circumstances I would like to known that Whether the INDEMNITY BOND given before ECL is enforceable or it will effect me in future if the matter is before court.
Kumar Doab
(Expert) 10 January 2016
>>> You have posted 1st that:
---"my elder brother (Age 30) gave the employments of my father to me (younger brother age 27) on a condition that I have to pay Rs.25 Lakh."
---" that if I fails to maintain they EASTERN COALFIELDS LIMITED is free to deduct my salary.'
>>> You have posted 2nd that:
---"that I will pay him all benefits of my father such as P.F. & Gratuity "
Both are different.
Is there anything else too?
As far as ECL is concerned you need to maintain your family. If you don't maintain then ECL shall deduct it from our salary, and pass on to dependents to maintain the dependents.
Is your elder brother a dependent?
Expert Shri P.Venu has already posted the opinion.
My understanding remains the same as already posted.
Rest you may each and every documents including but not limited to rules of compassionate appointment..............to an able counsel specializing in Labor/service matters.
You may wait for the advise of other experts.
Dr J C Vashista
(Expert) 10 January 2016
Well advised by experts, nothing more to add.
Adv. Yogen Kakade
(Expert) 11 January 2016
Well said sir.. I agree with the experts above.
Riya
(Querist) 14 January 2016
Actually the MAIN CONTENT OF THE AGREEMENT IS THAT THE SERVICE HAS BEEN OFFERED AND MY ELDER BROTHER HAVE GIVEN NO OBJECTION CERTIFICATE TO ECL ON THE CONDITION THAT I HAVE TO PAY HIM RS. 25 LAKH IN LIEU OF EMPLOYMENT OF MY FATHER.
In this regard when I approached to a lawyer he told me that i can trap on that agreement papers signed by me and established by 2 witnessess and my elder brother can file a case of BREACH OF AGREEMENT and my case is light and I can loose my plea, that I cant pay him so many amount. please advice
P. Venu
(Expert) 15 January 2016
The lawyer's opinion, I regret to say, is less than professional. The person who is appointed on ground is liable only for taking care of the dependants of the deceased employee.Your elder brother is not a dependant. If he goes to a court, the agreement would be held to be against public policy and hence void.
Guest
(Expert) 15 January 2016
In my view, the querist has presented a totally hypothetical situation with the reason that while providing compassionate employment, no psu can enter in to such an agreement or impose any such condition, , as memtioned by the querist, with the eligible heir for employment.
Not only that, elder brother, if he is already an earning member and self dependant, he has no say in getting the employment under compassionate employment to any other member of the famuly.
Kumar Doab
(Expert) 16 January 2016
The seniors have concluded the discussion in most appropriate manner.
The author should be satisfied.
K.S.Srinivas
(Expert) 23 January 2016
I go with the Expert Sri P.S.Dhingra.
Hemant Agarwal
(Expert) 02 March 2016
CONSIDER THIS:
1. Employment (in lieu of Fathers job) joined on April 2013.
2. Bond given to Employer on April-2013. THIS is legally valid and enforceable, BUT has no legal relevance to the maintenance of deceased Father's family. ECL has no lawful jurisdiction to enforce the criteria of maintenance of the Family, WITHOUT a valid court decree.
3. "Subsequent" Agreement with Brother signed on May 2014 (after one year of joining job). This is legally invalid and non-enforceable for all purposes, whatsoever and has no bearing on the Emplacement which is of April-2013. Such Agreement /Contract is invalid in law and can be flushed down the sewage drain.
4. The employer (ECL) has no legal jurisdiction to entertain the "Subsequent" Agreement with Brother signed on May 2014.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
