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Manoharan   03 August 2018 at 13:19

Rental agt

I am residing in a rental house in Trichy. My house owner is refusing to sign Rental Agt. & even refusing to give receipt for the advance recd. Several times I have reminded her through phone, SMS and WhatsApp. What is the solution? If I stress for Rental Agt. whether she can force me to vacate the house. Experts may kindly clarify.

Trixendres   03 August 2018 at 12:53

Clarification of sapinda relationship

1 ladka ladki shadi karna chahte hain aur ladka, ladki ki maa ke pita ke bhai ke ladke ke ladke ke ladke ka ladka hai to kya un dono ki undono ki shadi ho sakti hai special hindu marriage act ke tahat aur sapinda relationship me bhi generation upward direction me count ki jaati hain to plzz tell me that they can marry...

Priyanshu Mehta   03 August 2018 at 12:11

Civil suit land issue

Respected Sir, As we are having an open plot of 3000 sq foot against name of our Grand father and when we tried to mutate on our name and we visited the village we shocked and found that it was grabbed by land grabber with forged documents and they put bricks and stones in our plot. The land grabber is claiming that the above said land is belongs to him. The land grabber has done some settings with corrupted Village Talati and Village sarpanch who has issued two false house tax receipt and gram panchayat dakhila showing fourth side location of land. We known from legal persons that the land revenue law does not allow sarpanch to issue gram panchayat dakhila of land but they issued to land grabber.

We complained to local police but police did not taken any further actions and after that we moved to court for filling civil suit against land grabber but land grabber known this from somewhere and before we file suit the land grabber filled suit against us to avoid police actions against them and we became defendant and the land grabber became plaintiff.

Now, the court has dismissed their stay order and moved to next stage plaintiff evidence which they(land grabber) could not submit even after two years from the date of civil suit submitted. The judge banned the rights of the land grabber to submit the evidence of land which he coan never submit anymore and anyway. The next stage is defendant evidence in civil court.

Sir regarding this matter I have some queries which could be solved by experts like you only :

1. Can the land grabber defeat us in the civil suit if the land is on our grand father's name and derived to us as ancestral property which was not mutated to our name till date ?

2. The land record office is refusing to mutate on our name because the civil suit is filled in court so can the judge dismiss our counter claim and permanent stay ?

3. Can we get stay order if we have original purchase - sale deed (dastavej), land record paper, and all nominees NOC stating that if the property goes to us they dont have any obligations ? The all papers are on the name of our Grand Father only NOC of nominee stating our name.

4. The land grabber is claiming that the we have the possession of land since 12 years. How could we proof this in the court and what is the law of possession of land if somebody has illegally took possession of land ?

5. We have filled the RTI also that how the land grabber got the house tax receipt and how the sarpnach issued the land dakhila but nothing happen further and my Appeal is still pending at Gujarat Information Commission.

6. Sir what can we do further in legally to make our case strong and defeat the land grabber ?

Sir, I need your guidance which could be very helpful to me in my case. Please note that this is not the story but real fact from which I am suffering today.

Your Response is awaited.

Thanks & Regards

Priyanshu Mehta

Sita Mahalakshmi, T   03 August 2018 at 10:35

Sub: gratuity - claim - clarification - reque

Dear Sirs,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date.

As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. It may kindly be noted that there is no practice of mentioning Retirement age in the Appointment Order even for freshers. All staff, irrespective of the cadre are entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed at the end of the year.Working hours will be 9:00 am – 5:30 pm, 6 days a week.

On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 30/09/2018 and accordingly, the HR Dept has served a letter mentioning my last working day as 30/09/2018 and has taken my acceptance. Kindly note, till date, I was not insisted submission of Resignation for my position.

The total uninterrupted working period since my joining in the hospital is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-

17/02/2014 - 31/12/2014 . more than 240 days worked 1st Year
01/01/2015 - 31/12/2015 more than 240 days worked 2nd year
01/01/2016 - 31/12/2016 more than 240 days worked 3rd year
01/01/2017 - 31/12/2017 more than 240 days worked 4th year

Details of total working days in 2018 5th year

01/01/2018 - 30/09/2018 Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
01/08/2018 to 31/08/2018 31 days
01/09/2018 to 30/09/2018 30 days
Total no of days worked in 2018 = 266 days

Leave break up for 2018:

Casual Leave availed from 01/01/ to 01/08/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed Casual leave at credit 15 days
Note: As per appointment order, no employee is eligible to avail Leave during Notice Period,if so, same will be treated as Loss of Pay.

On going through the whole of the exercise seems to be an effort to avoid Payment of Gratuity which I am eligible for.

In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you,

Best regards,

Very truly yours,

Sita.T

Prasad   03 August 2018 at 09:44

Documents

Respected sirs
this is regarding a doubt on ancestrol property. in my ancestrol house( mothers house) , there are members and property is documented in 1958 Nov month .
1 my elder uncle now no more (expired) survived by wife and daughter, son-- here only uncle name is documnted
2. my mothers elder sister ( living), and 3 daughter. here 4 person name documented
3. My mothers second elder sister (expired) , her husband too expired, survived by one son .--here two persons name documented.
4. my second elder uncle (living) --name documented
5. my mother (expired) survived by 4 sons--here only my mother name documented.. a
now as per serial 5 my mother written a will in 2016 and in that he has mentioned 2 sons for this property . will another 2 sons whose name not written in will get share as it is ancestrol property .

this is in state of kerala and earlier (year dont know) they follow marumakathyam and now it is not there. will this year pretain as on documented , will get share of mother in this ancestrol propert y

Anonymous   03 August 2018 at 09:21

Water seepage from adjutant flat

I brought new flat in Bangalore, after 6 months I found the seepage from the wall and the wooden flooring of the master bed room is damaged. Builder had replaced the flooring after lots of follow up and pain and I had to beer the cost painting of walls, refittment of the other materials . Builder said the leakage was from adjutant flat's bathroom and it has been rectified and assured that there won't be such problems in future . After 6 months again the seepage is started, I wanted to know how can I make legal complaint with the right platform.

Anonymous   03 August 2018 at 06:39

Challenging an order of the administrative tribunal

Respected Experts,

It is often found that the aggrieved party (Officers in government service) who wants to challenge an unfavourable order issued by an Administrative Tribunal in a service dispute, approach the High Court with an Original Petition (OP) and they get numbered as OP (KAT) or OP (CAT) even though the Administrative Tribunal Act does not specifically provide for any further petition or appeal.

Can anyone among the experts tell me the provision under which such an OP is filed?

Regards,

Querist

Anonymous   03 August 2018 at 05:26

Right to stay in mother in-laws home

Hi, I am staying with my mother in-laws and the house is constructed by my father in laws' father . My father in law is having a son and two daughters. One daughter is married. Son is my husband and am having a baby girl. Now my husband is saying that I have no right to stay in that home. I did not ask for share in my husband property but as his wife i have right to stay in that home i think.Please suggest. Here i would like to tell few more points. 1 : Home is constructed by my father in law's father 2 : My father in Law's father is having 2 sons and 1 daughter 3 : My father in law is elder son 4 : My father in law is having 1 son and 2 daughters and my father in law's brother is having a daughter 5 : Home is on the name of My father in law's Mom' dad not on the name of my father in law's father name.

Anonymous   02 August 2018 at 23:28

Right to stay in husband house

Hi , am staying with my husband in mother in laws home. Please do let me know few points.
1 : As a wife i have complete right to stay in that home because my husband is staying in that home. Right?
2 : I am having a baby girl with 19months old. If I want to stay separately from my husband can i ask maintenance charges from my husband for me and for my baby?
3 : Am a house wife. My father in law is having a son and he is my husband and two daughters. One is married .
My father in law is having a own house and monthly he will get rent from that house approx RS. 32000.
4 : My husband is in software and he will get salary around 60000 per month. If I ask for maintenance charges for me and for my baby how much percentage i can get?
5 : I used to work in software but due to health issue i left the job. So now am a house wife. After 2 days my hubby is saying you have no right to stay in the home.As i have no job now I would like to ask for maintaince charges.
6 : I have purchased a plot with my money. No contribution from my husband and the plot is on my name. I think my husband is not have any right on that plot. Am i correct?

Prayag singh   02 August 2018 at 23:09

govt. service vs education

I applied for central govt job and it took two complete years from exams to appointment, during this period i completed two years out of my three year graduation course (in Uttarakhand) . I have joined the department recently(in meghalaya) , can i continue my graduation course (it being regular). Can i get a leave witnout pay for this period or can i only attend the exams?