Gratuity payment not done while doing final settlement. Gratuity payment not done while doing final settlement while leaving the organisation. This was a case of an employment where I was working with 2 group companies of durations of 4.4 yrs and 1.6 yrs ..In total I have completed 5.10 yrs with that group Question I have a situation where I was employed with a company for 4.2 yrs . Now the company transferred me to their sister concern due to project issues and I worked there for close to 1.5 yrs.
Now I have quit the company and joined another group. But while doing full and final settlement , the company has not released gratuity stating that I have not completed 5 yrs in a particular establishment Now , both group companies have same holding company , however are registered differently and while generating Form 16 have separate TAN as well ... Can anyone please help me in this case as I am feeling perplexed what to do in this case.
Your company is right and you're not entitled for the payment of gratuity. The subsequent company is an independent holding and registered in an independent name. Hence, you cannot say that you have worked in the same company.
Five years service in a company is mandatory for the payment of gratuity. In these circumstances you cannot claim payment of gratuity. Your claim regarding payment of gratuity was refused at the time of final settlement.
Can I claim anything on the basis of unregistered sale agreement? Unregistered agreement of Rs 60.00 lakhs on 11/01/2022 owner sale the property. Owner has signed an agreement and promised to sell the land to me. That agreement is unregistered but written on stamp paper of rupees sixty. Can I claim anything on the basis of unregistered sale agreement? Can we file the civil suit and what is the remedy?
Asked from: Andhra Pradesh
You cannot enforce this unregistered agreement. Because this document is not conferring any right in your favour. Therefore, you cannot stop the owner from selling this land to another person.
The court will not admit this unregistered agreement for granting injunction because this document has no legal value in respect of your right or title in the property.
But it has a legal value for collateral purposes. The owner cannot deny that he signed this unregistered agreement. The court can admit this document to prove that:
- Parties were casually agreed to transfer this land.
- The parties agreed to perform some acts on certain terms and conditions.
- Owner has received earnest money (if mentioned in the agreement).
Therefore, you can file a civil suit for recovery of money if you have paid in the pursuance of that agreement. In Fide Ali v. Zaffar Hussain AIR 2021 MP 8 the Madhya Pradesh High Court has held that:
Suit for recovery of money advanced under sale agreement….that suit is not for specific performance of contract or for declaration of title, That agreement can be considered in evidence for collateral purpose. Sale agreement to that extent is admissible in evidence.
Hence, you can file a civil suit if you have paid earnest money to the owner of the land. You cannot claim any right in the property on the basis of unregistered agreement.
Also read: Can you sue a person who is a party to the unregistered agreement?
Can I correct my father’s name on the basis of revenue records? My father's name in all my educational records is XXX Tiwari and in my brother's records is XXX XX Tiwari and in Khatauni also XXX XX Tiwari.
You can correct your father’s name on the basis of his aadhar card, any government identity proof, voter ID card, bank passbook or family register issued by the sub divisional magistrate. Not necessary to correct the name on the basis of revenue record.
Revenue records like khatauni are to be used to prove the possession of land. It does not prove the identity of a person. So it is not advisable to apply for correction of your father’s name on the basis of khatauni.
Also read: How to correct your name in khatauni?
Insurance company has halted my policy even after receiving premiums. Insurance company has halted my policy even after receiving premiums and refusing to provide benefits. My wife has taken a medical insurance policy. She is a working lady and suffering from cardiovascular disease. The premium of policy has been auto renewed from her bank account. In the last premium there was some shortfall in the amount of money in her account.
Due to insufficient funds in her bank account the premium remained unpaid for five days. When she came to know that the premium was unpaid on the due date she manually paid the premium from her credit card.
The insurance company immediately sent payment receipt and a congratulation message on her email and mobile number also. Now she is facing medical complications and she approached the insurance company and she got information that her policy has been kept in halt. Sir, I want to take proper legal action against the insurance company.
The insurance company has accepted premiums with late fees. It shows that the insurance company has carried on the benefits of policy after imposing penalties in the payment of premiums.
In this situation the insurance company cannot say that it has halted your policy. It is incumbent on the insurance company to provide benefits of medical policy. Instead, the company is making false statements so as to disentitled you to get benefits.
You should file a complaint in the consumer forum. It is a deficiency in the service on the part of the insurance company. When the company has been accepting premiums it, later on, cannot say that policy is kept on hold.
The contract between the insurance company and you is valid and enforceable because the company has received consideration. Not providing medical insurance benefits to the policyholder constitutes act of fraud and deficiency in service.
Builder address not available for RERA filing. Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but the website is reflecting the same address. Many allottees are ready to file a case against him but no one is present at his registered address.
You should take a print of the registered address from his website. Mention the same address as the registered address of the builder. Then you should file a complaint with the RERA authority. Complainant is not bound to search the current address of the defendant.
If the registered address has been mentioned in the RERA registration certificate, brochure or allotment letter it is sufficient for you to mention that address in the RERA complaint.
If the authority’s summon/notice returns with the endorsement that the address is not living on the address then you should publish the summon in the local newspaper. After the publication the authority shall record that summon has been served upon the builder.
If the builder does not appear in the proceeding then the RERA authority can pass an ex-parte order against the builder. That order is legally enforceable if the judgement debtor (builder) is not opposing it. You can enforce that ex-parte order through the filing of an execution application.
Can the daughter of the owner file a suit for share in property which I purchased in 1990? The daughters of the property owner did not sign. They were major at that time, will they be able to claim the property. It is almost 30 years, no suits on the purchased property till now. The property was ancestral property.
Daughter was not coparcener until the amendment came in force in Hindu Succession Act 1956 (HSA). Section 6 of the HSA admitted the daughter as a coparcener in the ancestral property. Therefore, after the amendment daughters have the same right as the son in the ancestral property.
This amendment is not applicable on the property which has partitioned or sold before 20 December 2004. You purchased this property in 1990. The owner had only one child. He had no son therefore no coparcener existed at the time of sale of the property.
In the absence of coparceners the owner had absolute right to sell this land. Now his daughter cannot claim her right in this property.
Related
How to settle a dispute regarding withdrawn money from a friend's bank account? A person had withdrawn a good amount of money from his friend's bank account. His friend filed an FIR and he went to jail for 1 week and then released on bail. Currently he is on bail since 2019. How to settle a dispute regarding withdrawn money from a friend's bank account? I was handling his bank account and transferring money to the transporters. We are not partners in his firm. I am an employee but being a friend I had some extra power in handling bank account.
You have committed an offence i.e. criminal breach of trust. This is punishable under Section 406 of the Indian Penal Code (IPC). Section 406 is a compoundable offence.
If the informant/complainant is ready to settle the issue then the court can compound this case under Section 320 of the code of criminal procedure (crpc).
Composition can take place at any stage of proceeding. You can apply for composition of case at the advance stage of trial or at the beginning of trial. But in all situations consent of court is mandatory for the composition.
After composition the court will acquit the accused thereafter he shall not be again prosecuted for the same offence. Therefore, you should file an application for compounding of offence alongwith the agreement.
If you have not prepared a settlement agreement you can file a unilateral petition in the court for compounding. The court will admit your petition and compound this case,
Can RERA complete the pending project in the interest of allottees? Builder absconding with booking money of allottees. Can rera complete the pending project in the interest of allottees? Builder has not started work in 7 years after initial mobilisation. Can landowner and few allottees jointly complete the project as builder absconding with booking money of allottees.
You should form an association of allottees and approach the RERA authority. Section 8 of the RERA Act empowers the authority to take over the pending project.
The authority can approach and consult the government for construction of pending work and complete the project. But you have to file a complaint with the RERA authority. The time period fixed for the completion of the housing project must be expired on the date of filing of complaint.
As you said, the builder has absconded and is not traceable. In this situation no one will come forward to receive the notice. Hence, the proceeding before the RERA authority will proceed in the absence of the builder.
In this situation the RERA may take over this project and approach the government to complete the project or permit the association of allottees to carry on the stalled project.
How can I leave my husband’s home without his consent? I have been married for 6 yrs. And my in-laws have been demanding for more dowry. How can I leave my husband’s home without his consent? The gold gifted during my marriage is in my father in laws custody. Well I did not encourage more dowry and hence was a victim of terrible domestic violence.
My father in law is a womaniser (and looks and behaves at me in an inappropriate way) and my mother in law has tortured me a lot. My husband never came in support. He always said that he himself is scared of them.
I have had 2 miscarriages because of the mental disturbance. My husband does not give me any money at present, I will have to beg for 100₹ also. And then my in-laws come home, thinking about the past issues I left at my parents' home.
I had informed my husband orally, still he faked a police complaint and made the constable (he knew) call me by his personal no. I am fed up because I don't get emotional, mental, moral and financial support from my husband. He blackmails me about committing sucide if I don't go to visit his parents.
At present I want to be peaceful and happy so I am planning to live separately. So I am planning to leave his house and find a job. I doubt there is 1 legally correct procedure to leave my husband’s home with my belongings ( I do not have money to file divorce) .
What if he files a false complaint that I stole valuable gold and cash when I leave the house. How can I get those gold gifted during my marriage. I have digital evidence. My father in law says he didn't receive anything during the marriage when I asked him to return them.
You are facing mental, physical, economical and emotional touture in the matrimonial home. These abuses constitute sufficient reasons for living separately. You can leave the matrimonial home without the consent of your husband.
While you are living separately, you can claim maintenance from your husband. Section 125 of the code of criminal procedure, entitles the destitute women to get alimony from her husband despite that she is living separately.
That gold jewelleries are stridhan and it is your exclusive property. You should take all the jewellery from the custody of your husband. If he refused then you should file a civil suit for recovery of stridhan.
My Husband is a psycho, pretends to be normal and torches me since my marriage time till now, waiting for change. My father passed away due to his psychic behaviour and abnormal condition and performing paranormal things at home. It gets me scared at home alone and not giving proper food timely and some of we're with my son.
Kindly help me with advice to take a step forward. How to resolve the issue, by facing my husband's sister's family and my husband. My sister-in-law and his husband need to be in custody due to Asking more Dowry again and again, not full-filling my needs.
Your husband is a psycho however, he is pretending to be normal. He is continuously torturing you for demand of dowry and other issues. Therefore, you should file a case against him under Section 498A/504/506/509 Indian Penal Code (IPC).
You can also file a complaint under Section 12 of the Domestic Violence Act for the protection, accommodation and monetary relief. If you cannot file that complaint, you can approach the mahila thana of your district. The officer in charge of Mahila Thana will provide you the services of a protection officer.
Protection officer will record your statement and collect evidence from you. Thereafter, he will lodge a complaint on your behalf. He’ll also send his report to the concerned judicial magistrate for further action.
