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Queries Participated

SHASHIDHAR A   23 December 2016 at 09:56

Licenses - gift city, gandhinagar, gujarat

Respected Sirs,

We are planning to open a center in GIFT City, Gandhinagar, Gujarat. We came to know that, we can run the operations without having a valid license under Shop Act. The reasons quoted are, since the location is under the Panchayat limits registration under Shop Act is not required. In fact we got to know that license under Shop Act itself is not applicable. Also, this place comes under Zone-II of Gujarat.

We understand that, Bombay S&E Act is applicable in Gujarat. When companies in Mumbai are required to take license under this act how come having license in GIFT City is not applicable? Request the experts to clarify the following:

1. GIFT City is under the limits of Village Panchayat, we want to know if the license under Bombay S&E Act is applicable or not.
2. If applicable, where and in which Lab.Dept, we need to submit the application. If possible share the soft copy of relevant forms.
3. Is it fine to run the business from GIFT City, by having registrations under PT, ESI Sub-code, LWF & Emp.Exchange? PF is covered centrally from Mumbai.
4. Are there any other registrations need to be done. If yes, kindly share the list
5. Is this area comes under Zone-II category under the Minimum Wages applicable for Gujarat.

Thank you in advance.

Shashidhar A

SHASHIDHAR A   17 March 2016 at 09:08

Married daughter's property rights

Respected Sirs,

This is a query on the rights of married daughter on ancestor and self acquired property.

A married lady has Step Mother. This lady is the daughter of 1st wife to her Father. Her real Mother is no more. Post that, he got married second time, but she too passed away without children. Again he married for third time, however, he do not have any children with his third wife. To conclude, this married lady is the only child to her Father who had 3 wives, but no children to his 2nd and 3rd wife is surviving now.

Her father has two houses one each in B.Lore and Mysore. B.Lore property is a self-acquired one and the Mysore one is the ancestor property which he has acquired through his Father/Grand Father.

He has transferred the rights of Mysore property which is an ancestor property completely to his present wife. (3rd Wife). Now the property is in her name. He has not done this without consent of his only daughter nor has he has given a share in it.

Questions are:

1. Can this lady sue her Father for not providing a share in ancestor property, under the Hindu Succession Act, 2005?

2. Can she sue on the ground of getting STEP MOTHER Treatment? And not doing justice for his daughter.

3. Can she sue her STEP MOTHER for disturbing the love and affection between her and her Father. However, no evidences available to prove this.

4. What are her rights on her father’s self-acquired property of B.Lore?

5. Are there any other grounds/laws under which she can sue her Father and STEP MOTHER?

Kindly help.

Thanks a ton in advance.

Shashidhar A

SHASHIDHAR A   14 March 2016 at 13:10

Married daughter's rights on ancestor property

Respected Sirs, A development with regards to my friend query on ancestor property rights of his wife.

Now, my friend's spouse's step mother has given an ultimatum to vacate the premises in B.Lore where my friend’s family is staying. To be specific, my friend is acting as a care taker of his F-in-L property in B.Lore as his in-laws stay in Mysore.

His F-in-L has ancestor property in Mysore. Due to pressure from his wife (3rd wife), he has completely transferred the ancestor property to his wife (who is a step mother of my friend's wife). He has registered the property in his wife name without consulting his only daughter.

After ultimatum to vacate, my friend had requested his in-laws to give permission to stay in B.Lore property till 2018 due to his daughter education. However, both especially his Step M-in-L has rejected the request upfront and asked them to vacate immediately.

They also came to know that, the step mother is behaving cruelly and harassing her Father in not allowing his daughter to stay in his self-acquired property of B.Lore. Now they have decided to vacate the premises during April/May 2016 post his daughter's exams

My friend is now exploring the possibility to sue his F-in-Law or to make him to understand that what he has done with his ancestor property is not legal. Because, he has transferred his ancestor property without consent of his real daughter nor giving a share in his ancestor property.

His questions are:

1. Can his wife sue her Father for not providing a share in ancestor property?

2. Can she sue on the ground of STEP MOTHER Treatment? And not doing justice for his daughter

3. Can she sue her STEP MOTHER for disturbing the love and affection between her and her Father. However, no evidences available to prove this.

4. Are there any other grounds to sue her Father and STEP MOTHER Kindly help. Thanks a ton in advance. Shashidhar A

SHASHIDHAR A   29 February 2016 at 10:05

Property rights

Dear Sir's.

Have a query with regards to Property Rights of a Hindu grand child.

1. X has a inherited property from his ancestors in Mysore. This property has donated by erstwhile Maharaja of Mysore to X's ancestors and he got his share and constructed a house on his share.

2. Same X has a house in B.Lore which is a self acquired property.

X has only Daughter from his 1st Wife. Post death of 1st wife, he re-married. Unfortunately, she too passed away after some time. But he did not have any children from his 2nd wife. Again X married for 3rd time and she is surviving now and do not have any children from 3rd Wife.

At present X is survived by his 3rd Wife. Only Daughter and the only Daughter's has only one child again a Daughter.

The query is, whether X's Daughter and his Grand Daughter will have any rights, on his ancestor property or self acquired property.

If X decides to give his both ancestor and self-acquired property only to his 3rd wife. What rights do the Daughter and Grand Daughter will have on X's properties. If yes, and if either Daughter or Grand Daughter do have a share in X's property, how to claim it and under what Act's they can claim.

Request to share your views on the same. Thanks a ton in advance.

Shashidhar A

SHASHIDHAR A   05 February 2015 at 12:52

Weekly off

Respected Sir,

I have a query on Weekly Off. Request to let us know for an entitlement of a Weekly Off, how many days an employee to work.

The query is explained in below scenario's.

Scenario 1.

An employee is working 5 day week. Monday to Friday, Saturday & Sunday will be his WO. He is on LOP from Wednesday - Friday and resumes to work on next Monday. Will he get Weekly Off. If yes, will it be for two days OR only for one day.

Scenario 2.

The same employee is on LOP from Monday to Friday, and resumes to work on next Monday. Will he get his WO. If yes, for how many days.

Kindly help.

Thankyou
Shashidhar.

SHASHIDHAR A   16 October 2014 at 13:24

02nd oct - national holiday

Dear Sir's,

We got to know that from 2015 year onwards, 02nd Oct - Gandhi Jayanthi is removed from National Holiday list. Kindly let us know if this is correct.

We also want to know if any notification is released in this effect.

Thanks in advance.

Shashidhar A

SHASHIDHAR A   08 July 2014 at 09:31

Gratuity

Respected Sirs,

When an employee commits fraud to the tune of 4 lakhs to the company. At the same time if he is entitled for Gratuity amount of Rs.1.6 lakhs, can the employer forfeite the Gratuity and adjust the same amount to the liability which he has done fraudelently.

Thank you in advance

Shashidhar A