samudra
30 December 2008 at 17:58
"""Equality for Women
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt."""
AND
"""Under the new amendment to the Hindu succession Act you can claim partition if partition has already taken place before oct2004, then you are not eligible."""
Under the above conditions, i need Lawyer forum experts suggestion for the below explained case:
*"There is no partition to the property till to date"
A woman(Only Daughter) from Andhra Pradesh state,got married in the year 1978.Her father died in the year 2003( Mother died long before Father's death) .Father Writes a will Bequething the property, (One part) on his, Only Son and the balance property on his Grand sons (Son'S Sons)names.The property so willed is not self earned by him,but got to him through his marriage(He got married to,Only daughter of a lone widower).
Can the woman in the case eligible in her father property?If, Yes. How to proceed?
Rumy
30 December 2008 at 16:43
Dear All,
I am working in a firm which is a combination of a recruitment consultancy, SAP Training (Unauthorized) and SAP Project consultancy. The HO is based in Mumbai.
Now I am planning to quit. I have not been paid for the past 3 months as the company is going through a financial turmoil. There are other payments which are over due in kind of incentives.
What I want to know is the when I put in my papers, I would be looking for full and final settlement, but I am positive that the company will not release the payment in one shot whereas I want to finish it in one shot. So if required can I file a legal suite against my company.
1. How it is to be done?
2. Whom shall I approach?
3. What is the procedure?
4. What all documentary proof/evidence shall I have in my possession, before I quit.
5. What should be the standard fees of the legal adviser whom I will engage?
I will appreciate your inputs on this.
Kindly guide me.
Regards,
Rumy
Manoj
30 December 2008 at 14:04
My mother-in-law had bought a flat at ghaziabad 2 years back ,with her own money, and all cheque payment. But the flat was registered in her son's name. Unfortunately he expired around 6 months back, and his wife is not willing to accept my mother-in law, she has kicked her out, and is now staying with her parents in the home that was bought by my mother-in law. Also my mother-in-law has in her possession a letter, in which her son has mentioned his willingness to transfer the property in her name.
kindly let us know if the above said property can be registered in my mother-in laws name, and whether she can take legal possession of the flat and throw out our Bhabhi.
kk
30 December 2008 at 13:26
Additional information pursuant to the provision of part II of Schedule VI to the Companies Act, 1956 in respect of employee information drawing monthly remuneration of Rs. 50,000/- or Rs. 6,00,000/- p.a. is not required since none of the employees of the Company has drawn the salary to the extent of prescribed limit.
Is this required under disclosure as note to accounts ?
Md Amjad Ali
30 December 2008 at 13:08
Dear friends
I am purchasing one land with structure in Kolkata.
My query is the that said property is in the name of the lady who was Hindu Adibasi (Schedule Tribe) but she married a Muslim man and accept Islam as a religious become Muslim, after that said property was purchase from the husband money in his wife( i.e. Schedule Tribe) name.
Now
According west Bengal Land Law, one cannot purchased the property of (Schedule Tribe or Adibasi) without the permission of the Land Collector.
I want to know that lady after accepting Islam still have the status of Schedule Tribe
Pleas help me its very urgent
Legal_Query
30 December 2008 at 11:39
Dear Friends,
My query is:
Can a letter of credit be considered as bill of exchange under N.I. Act?
Can a banker institute proceedings under N.I. Act against a person who had opened a LC in favour of seller?
Thnks & Rgds
shivakumarbs
30 December 2008 at 11:35
Dear experts I had already asked this query to which some of u needed some clarification.
I am Hindu By religion .My mother executed a sale deed for 2 sites in my Favour around 9 years Back which were in her name.Now my elder Brother is asking for a share in these sites and has filed a partition suit against me and my mother and my father.(He was not living with us then and even have married a christian girl and have changed his name)Now my mother due to some differences with my wife is supporting my brother being a defendent herself. what will be the outcome of the case.
Arihant AC
30 December 2008 at 09:18
Respected Experts,
Whether PF is applicable on following heads or not
1. Purchase of Cars, stores, Labour Exp. 2. Free Services Exp.
3. Freight, Octroi & Unloading Exp.
4. Advertise & Sales Promotion
5. Commission Exp.
6. Hospitality Exp.
7. Security Charges.
8. Salary & Wages Exp. (In which we had already paid PF contribution of those Employees whose Salary is under Rs. 6500/- while others are exempted. In this Account Incentive is paid at quaterly & also Bonus & retrachment Salary is also includes).
9. Apprentice Exp.
10. Labour Work done out side Premices (Job Work done out side the premices)
Regards,
NAC
Arihant AC
30 December 2008 at 09:13
Dear Experts,
I want to know that whether ESIC & PF is applicable on outside job work done by other establishment , Transportation Allowance, Medical Allowance, Washing Allowance Paid to Employee.
Regards,
NAC
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regarding the share in the property
hi sir iam a sunni muslim my father has a small plot of 100 yards on which me n my brother have constructed one one floor n now i want to construct anothar floor but my father does not want me to construct n he want to give it my sister who is already married ?what r my rights as his son sir ?moreover it was purchased by my grand father 50 years back.. thanks in advance sir