Can the father-in-law transfer his property to his daughter-in-law without the consent of his daughter? Can the father-in-law transfer his property to his daughter-in-law without the consent of his daughter? My father has transferred his property without my consent. I am very tense and feeling bad when came to know that he has named the property to my bhabhi.
A father has the legal right to transfer his self-acquired property to anyone, including his children or any other person, without any consent or permission from anyone else, including his wife or children. However, if the property is jointly owned by the father and his wife or any other family member, then he would need their consent or permission to transfer the property.
If that property is jointly owned with you then your consent is mandatory for gifting entire property. If the father transferred only his part to his daughter in law, then that transfer is legally valid.
Self-acquired property refers to any property that a person has acquired through his or her own resources, without inheriting it from any ancestors or family members. In other words, any property that a person has purchased, inherited, or received as a gift is considered self-acquired property.
This type of property is solely owned by the person who has acquired it and can be disposed of by him or her in any manner they deem fit, including gifting it to someone else or transferring it through a will. The legal rights and obligations related to self-acquired property are different from those related to ancestral or inherited property, which is subject to different legal provisions and rules.
I left my organisation before the due date. I left the organization after resigning, but the company had me sign a document stating new KPIs and that I should stay with the company until a certain date. However, I left before that date due to a couple of concerns, providing the company with 30 days of intimation. Now, upon asking for my relieving letter, they are referring to that document and stating that I breached it, and are preventing me from working for a new organization. Can you please suggest what I should do?
If an employee leaves an organization before the agreed-upon date, it may result in legal consequences, depending on the terms of the employment agreement and applicable laws. Some potential legal consequences include:
- Breach of contract: If the employee has signed a contract with the employer that specifies a notice period or an agreed-upon end date, leaving before that date may constitute a breach of contract. The employer may be entitled to damages or other legal remedies as a result.
- Loss of pay and benefits: If the employee leaves before the agreed-upon date, they may not be entitled to any remaining pay or benefits that they would have received if they had stayed until the end of their contract.
- Restrictive covenants: If the employee has signed an agreement with restrictive covenants, such as a non-compete or non-solicitation agreement, leaving before the end of the contract may result in a breach of those covenants. The employer may be entitled to damages or injunctive relief to enforce those covenants.
- Negative impact on future job prospects: Leaving an employer before the agreed-upon date or without proper notice may result in a negative impact on the employee’s future job prospects. This is especially true if the employer provides a negative reference or reports the employee to relevant professional bodies or regulators.
Overall, leaving an organization before the agreed-upon date may have significant legal consequences. It is important to carefully review any employment agreements or contracts and seek legal advice before taking any actions that may breach those agreements.
It is important to carefully review the document you signed to determine if it is legally binding and enforceable. If the document is not enforceable, then you can inform your previous employer that you are not bound by its terms and demand that they issue you a relieving letter.
However, if the document is legally binding, and you did breach it by leaving before the specified date, you may need to negotiate with your previous employer to find a mutually acceptable solution. You could try explaining the reasons for leaving early and discuss potential remedies or alternatives.
This agreement is legally binding hence, you have to follow its terms and conditions. In some circumstances the notice period may be extended or exempted if it does not affect the recruitment policy of the organisation such as affecting the work, pendency of incomplete task etc.
The binding force of an agreement refers to the legal obligation of parties to comply with the terms of the agreement. When two or more parties enter into a valid and enforceable agreement, they are bound by the terms of the agreement and are legally obligated to fulfill their obligations under the agreement.
The binding force of an agreement is determined by several factors, including the validity of the agreement, the capacity of the parties to enter into the agreement, and the legality of the agreement’s terms. If an agreement is not valid, for example, if it was entered into under duress or coercion, then it may not be binding. Similarly, if one or more parties lack the capacity to enter into an agreement, such as minors or persons with mental incapacity, then the agreement may not be binding.
In order for an agreement to have a binding force, the terms of the agreement must be clear, certain, and not in violation of any laws or public policies. Once an agreement is deemed legally binding, parties are required to comply with its terms and any breach of the agreement may result in legal consequences, such as damages, injunctions, or other remedies.
The supplier is not refunding my money after giving me bad quality goods. Desperately needing help, as our majority of funds are now just stuck, my recent supplier supplied me goods worth five lakh, out of which goods worth three lakh are not of good quality. However, after seven months of back and forth, he does not want to pay me back or take the goods back.
Under the Consumer Protection Act, the supply of bad quality goods can result in liability for the supplier. The Act recognizes the rights of consumers to obtain goods that are of a satisfactory quality and free from defects. If a supplier provides goods that are defective or of unsatisfactory quality, the consumer can seek redress under the Act.
The Act provides for various remedies, including compensation, replacement of goods, and even refund of the purchase price. Additionally, the Act imposes penalties and fines on suppliers who violate consumer rights. Thus, suppliers must take care to ensure that the goods they provide are of good quality and meet the expectations of consumers.
As per Section 2 of the Consumer Protection Act, a person who purchases goods for commercial purposes is not considered a consumer. Therefore, since you purchased the goods to sell them to your customers, you cannot be classified as a consumer. Instead, you will need to file a civil suit for the recovery of your money based on a breach of contract.
My wife is filing revision one after another for increasing maintenance. My wife is filing revision one after another for increasing maintenance. Please clarify what is the criteria for revision and how frequently my wife can file, as my wife has been awarded maintenance under section 125 crpc and I have been paying it monthly. Next month marks a year since the judgement was passed, and I am wondering if my wife can file a revision to increase the amount again because one year has passed.
Asked from: Madhya Pradesh
If the amount of maintenance fixed by the court is insufficient in proportion to your income, status, and your wife’s needs, she can file for a revision. However, if the court is not satisfied and refuses to alter the amount of maintenance, another revision is not maintainable. Additionally, there is no provision for revision against the order passed in revision.
However, the matter of maintenance is different from other legal proceedings. If circumstances change and your wife becomes entitled to more maintenance than awarded, she can file a revision to increase the quantum of maintenance. This is independent of the judgement of the previous revision, so the number of revision applications depends on the changes in circumstances.
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Whether it is legal for an employer to withhold an employee’s salary. The legal issue at hand is whether it is legal for an employer to withhold an employee’s salary for May 2020, on the grounds of treating the employee as absent, when the employee stayed at home during lockdown under the protection of vulnerable people clause. The employee in question is an employee of the WB Govt. STU and has multiple co-morbidities, making them vulnerable to the COVID-19 pandemic. The employer’s decision to withhold the salary may raise questions about the employer’s compliance with labor laws and regulations, specifically regarding the rights and protections of vulnerable employees during a pandemic. This legal issue could potentially involve an analysis of the terms and conditions of the employee’s contract, labor laws, and regulations related to employee rights and protection, as well as any government guidelines related to vulnerable employees during the COVID-19 pandemic.
In India, it is generally illegal for an employer to withhold an employee’s salary. According to the Payment of Wages Act, 1936, employers are required to pay their employees their wages on time and in full. This applies to all types of employment, whether it is contractual, temporary or permanent.
The Act also states that wages cannot be withheld for any reason, unless it is authorized by law, such as tax deductions or court orders. In cases where an employee has been absent from work without prior permission, the employer may deduct wages for the days the employee was absent.
If an employer withholds an employee’s salary without a valid reason, the employee can file a complaint with the labor authorities or approach the labor court for redressal. The employer may be liable to pay damages and face penalties under the law.
Do the plaintiffs have to pay court fee for partition suit of life interest properties? Do the plaintiffs have to pay court fee for partition suit of life interest properties obtained through will after the death of the testator? What is the court fee for partition of life interest property?
Asked from: Uttar Pradesh
The court fee for a partition suit of a property depends on the value of the property. In India, each state has its own Court Fees Act that lays down the court fee payable for filing a partition suit. Generally, the court fee for a partition suit is a percentage of the market value of the property. For example, in Delhi, the court fee for filing a partition suit is 1% of the market value of the property subject to a maximum of INR 50,000.
However, the exact court fee for partition of property can vary from state to state, and it is advisable to consult with a lawyer or check the relevant Court Fees Act of the state where the suit is being filed. As for the specific question about life interest properties obtained through a will after the death of the testator, it’s advisable to consult a legal expert who specializes in property law to understand the specific legal provisions in your jurisdiction. They can guide you on whether court fees are applicable for such cases and provide you with the necessary information to proceed with your partition suit.
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Temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect. I received official appointment as Muhammadan Marriage Registrar for the jurisdiction of XXX area, allowing me to register all Muhammadan Marriages and Divorces. This appointment was issued in accordance with Section 3 of the Act by the Secretary to the Government of West Bengal, Judicial Department. However, no notification had been issued by the department inviting applications for the temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect within my jurisdiction. Despite this, the Assistant Secretary initiated the process for such an appointment and issued a notice, inviting applications for a temporary appointment of a Muhammadan Marriage Registrar for the Shia sect in XXX, even though no existing Shia Muslim community resides in the area. The District Registrar, issued this notice without ascertaining whether I belonged to the Shia or Sunni sect.
It is within the state government’s authority to appoint a Muhammadan Marriage Registrar for the Shia sect, regardless of whether there is a Shia population in the area. The purpose of marriage registration is to validate the marriage and keep an official record, which is considered a public document under Section 74 of the Indian Evidence Act. This service is provided by the state, and the Marriage Registrar is authorized by law to register marriages, regardless of the sect.
While there may be differences in the legal formalities required for the contract of marriage between Shia and Sunni, the process of registering marriages remains the same. Therefore, any objection to the appointment of a Muhammadan Marriage Registrar for the Shia sect on the grounds of the lack of a Shia population is invalid.
Can mediation proceedings solve the land dispute between the siblings? My family inherited a vast ancestral property from my grandparents. The property was divided among the siblings, but as time passed, disputes arose regarding the revenue and maintenance of the land. Civil court cases were filed, and tensions grew between family members. Despite attempts at mediation, the siblings couldn’t come to an agreement, and the legal battle dragged on for years. Finally, the judge ordered the partition of the property and appointed a mediator to oversee the division of the revenue. The siblings were unhappy with the decision, but they had no choice but to comply. However, the mediator’s approach was different. Instead of focusing solely on the financial aspects, he encouraged the siblings to communicate openly about their needs and concerns.
Through his guidance, they were able to come to a fair and amicable agreement on the revenue and maintenance of the property. The mediation process also helped the siblings mend their relationships and reconnect as a family. They realized that the property wasn’t worth sacrificing their bond and decided to work together to preserve it for future generations. In the end, the mediation process taught them a valuable lesson – that communication and understanding are essential for resolving disputes, especially when it comes to matters as sensitive as ancestral property.
The initial disputes between the siblings over revenue and maintenance of land escalated into a lengthy legal battle, straining family relationships. The intervention of a mediator provided a fresh perspective, allowing the siblings to communicate and find a mutually acceptable solution. The mediator’s approach emphasized the importance of listening to each other’s needs and concerns, leading to an amicable agreement on the division of the land.
The mediation process not only resolved the financial issues but also helped to repair the damaged relationships between the siblings. Communication, understanding, and compromise are key to resolving disputes effectively and preserving family bonds, particularly when it comes to matters as emotional as ancestral property.
You should cooperate with the mediator and try to conclude the mediation proceedings successfully. After completion of the mediation process the mediator shall prepare a report and send it to the court. The court shall pass a decree on the basis of the mediation. Hence, the process of mediation shall not only resolve the issue but also maintain the cordial relations between the parties.
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My father, without our knowledge, made an agreement to sell our agricultural land, which was inherited from our grandfather, and kept the proceeds for himself. Despite our family members’ objection, he wrote all the agreements and didn’t give us any share of the money. The people who gave the money to my father are now demanding either the land registration or a refund, threatening legal action. Although my father is currently unreachable, he is still making calls.
I am considering a proposal to sell the land to the buyers now, give them their money back within a year, and repurchase the land with the condition that it will be sold back to our family. However, this option may not be legally enforceable and requires the consent of all parties involved. In this situation, seeking legal advice is advisable to protect our rights and negotiate with the buyers and my father for a satisfactory solution. Time is of the essence, and prompt action is necessary to avoid potential legal consequences.
Without the knowledge or consent of your family members, your father sold a piece of land that was inherited from your grandfather. He kept all the proceeds for himself, and now the buyers are demanding either the land registration or a refund, threatening legal action otherwise. Your father is currently unavailable, but he is still making phone calls.
As for your proposal to sell the land to the buyers and repurchase it within a year with the condition that it must be sold back to your family, this could be a possible solution, but it would require the agreement of all parties involved. Furthermore, it may not be legally enforceable, and your family members might not be interested in pursuing such an option.
In light of the circumstances, seeking legal advice is recommended to understand your rights and obligations. You may need to negotiate with the buyers and your father to come to a resolution that is satisfactory for everyone involved. It is important to act quickly and responsibly to avoid any potential legal consequences.
Motor vehicle repair issue. My car broke down on Feb 4, 2023, due to overheating issues and I googled for nearest garage and called them, a person came and inspected and towed the vehicle to garage, after couple of days he gave an estimate of Rs62000 and list of spares and I checked the spares online and found reasonable, so suggested mechanic that I will provide the spares and he refused it. I settled for Rs 50000 with couple of spares, engine oil. 30000 advance was paid in next couple of days. After regular follow telephonically, WhatsApp and visiting physically more than 10 times, it’s been 3 months now and also paid 15000 (total 45000).
Still, he is not delivering the vehicle. Also he called me and said major spare part is available in local scrap shop for a bargained price of 13000 from 18000 , and informed without that spare it is impossible to repair the car, so I checked online and ordered a compatible spare for 6000, later he asked to cancel the order, I was not able to cancel it after delivering the spare he installed and said we are seeing error in scan results, so he installed the spare bought from scrap dealer, later he mentioned there is a problem with ECM spare, he took another 15 days to get that work done, but he has opened the engine for the 3rd time. And now it’s April 21, 2023, I am in my relative marriage with lot of arrangements to be done, he calls 15-20 times in a span of 10 min for money.
He will be charging another 30-35k for new spares, sensors, self-start component is burnt. 15 ltr of petrol is taken as well. Please suggest me for further process and teach this day light looter a lesson for life, he has no GST Registration, I am pretty sure he has not filed IT returns. I am really tortured because of this person; I really want him to go through some income tax complications.
Asked from: Telangana
If you’re unsatisfied with the work done by a particular garage, you have the option of taking your vehicle to another garage to complete the remaining mechanical work. In this scenario, it’s recommended to send a legal notice to the original garage and retrieve your vehicle before having the work completed elsewhere. You’ll need to settle any outstanding bills before taking your vehicle to the new service provider. Failure by the original garage to release the vehicle may result in a criminal case for extortion.
Once the repairs have been completed at the new garage, it’s advisable to consult with an independent investigator and obtain a repair estimate. If you’ve paid more than the estimated amount, you have the right to seek reimbursement from the garage. You can file a complaint with the District Consumer Redressal Commission for recovery of balance amount between the actual payment and estimated cost of repair, compensation for any mental distress caused by the ordeal, as well as reimbursement for litigation expenses.
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