Kumar Thadhani's Expert Profile

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Legal Manager says : advise request
Dear Sir, I would like to have your personal advise in below scenario. We have 6 small various companies in at one campus and same location with different name deploying less than 50 manpower on daily basis since more than one year. We have two union at work place. We have made settlement with majority of Union.The other union have not accepted the said settlement hence they have given separate charter of demand and later this dispute referred to labor court for adjudication. Meanwhile they have resorted to illegal strike in April 2007 and till date they are abstaining from the work. By the way we have submitted an application to Labour court to declare this act as illegal strike and case is now on leading evidence from our end. In such situation can we close our sister concern ? Do we need to seek permission from Labour court where dispute of illegal strike is pending. What is the procedure for applying closure of establishment? What reason we can lead to justify the closure? What can we do with the employees who are with majority of union and are working in this sister concerns? Would appreciate your help and reply. Thanking you, Regards, Rita

JITENDRA RAMBHIA says : PLS GUIDE
i am staying in ghatkopar mumbai in pagdi system from 1976, and all rent recipt till date with me . Landlord owner died in 2004 and his son and brother sold property to builder for development and from 4 brother one brother is live and has put case of 1/3 right in property .we has recd notice when this people sold property and rent is to paid to builder and he is collecting rent 6 year .and 2nd notice recd from brother of land lord say ing this cousins have cheated him and sold property .so may also loss of ur house .As i am an tenent and paying regular rent why shld i suffer between them.WHO IS CALLED of property builder who collect rent or person who has filed case.as builder is not communicating as several time contacted here for problem what can i do .and what right an tenant recd during development of building (addition area + corpus fund + rent )from builder .and if any damage is happen in buildng and life goes who is responsible builder or person who has filed case.Kindly let me know waiting for reply from experts . thanking you

DR SURESHA G says : illegal will & gift deed
Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my fatherâ€™s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parentâ€™s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

kapil says : help needed
sir, plz mail me ur email id at kapilchandak1@gmail.com

shrikant chede says : KUMAR SIR PLS REPLY IMMIDIATELY
URGENT RESPECTED MEMBERS, ONE OF OUR EMPLOYEE A CONSTUCTED HOUSE AT NAGPUR AND FOR THAT TOOK LOAN FROM CREDIT COOPRATIVE SOCIETY FOR THE EMPLOYEES OF OFFICE ,EMPLOYEE A CLAIM BENIFIT U/SEC24-A AND 80 -C AS PER INCOME TAX ACT 1961 THE OFFICE REFUSE TO GIVE BENIFITAS ABOVE AND DEDUCT RS5000 FROM THE SALARY & ADVISE EMPLOYEE GET RETURN FROM INCOME TAX DEPARMENT MY QUESTION IS 1) WHETHER IS IT MANDATORY TO CONFER/GRANT BENIFIT AS CLAIMED ABOVE 2)IS THE ACTION OF MY IS OFFICE LEGAL