Am I eligible for gratuity?
Am I eligible for gratuity?
I joined an organization on 12th December 2017 and my last working day was 27th August 2021. Am I eligible for gratuity?
2 years ago
A. Hi,
As per the Payment Gratuity Act, 1979, the benefit of gratuity can be offered to an employee only when he/she has completed a minimum of 5 years of employment under the employer. Since, the working period, in this case, is 4 years 15 days, gratuity can not be claimed.
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Sanjay Kumar Jha
Advocate Sinjari Bandyopadhyaya
Can the mother of intestate son claim the share in couple's jointly owned immovable properties.
Husband(46) died intestate leaving wife(40) and mother. Couple living nuclear family after marriage for 12 years, has no child. Mother a widow, family pensioner(wife of a govt servant) living with unm
2 years ago
A. Dear Client,
According to Hindu succession law, a deceased person's property is split equally between his mother and the spouse, in this case, the widow, with each getting an undivided half share. With regards to your query, nothing in the Act shall be construed to impact the provisions of any law in existence at the time providing for the prohibition of fragmentation of agricultural holdings, the establishment of ceilings, or the devolution of tenancy rights in such holdings.
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Advocate Sinjari Bandyopadhyaya
Can property transferred (before 2004) without will/unregistered document be considered legal
Hi We own Ancestral agriculture land , My grandfather has two sons ,Elder son has 4 children(2 sons and 2 daughters) and younger son has no children . The younger son had died intestate in 1992, whe
2 years ago
A. Dear Client,
Only that property is considered ancestral if it has remained unpartitioned for the last four generations through male lineage. There is a discrepancy between the declaration that registration was completed and the statement that the document was unregistered. It's crucial to know if the older brother is still living. Also, it is important to examine the document that is used to make such a registration.
You may want to discuss the following with your legal representative.
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Advocate Sinjari Bandyopadhyaya
accused with ipc 376 on pretext of marriage
We were in a relationship for 1-1.5 years and things went bad later on & she filed a case against me for rape on pretext of marriage. We have stayed in a lot of hotels during our relationship. A lot
2 years ago
A. Hi,
There is no use even if you produce those bills in the court as there are a lot of defenses that she can use against those arguments. There is a judgment by the Apex court that a charge of rape is not applicable in every case where a man does not marry his girlfriend after a promise. Please contact a lawyer and proceed further.
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Women Pillion Rider riding in a motor cycle without a helmet
I have received E challan for violating 1: Pillion Rider riding in a motor cycle without a protective headgear (helmet) Sec / Under 129 M V act 1988 ( U/Sec 129 MV Act 1988, kindly, please clarify me
2 years ago
A. Hi,
If you are under such exceptions, you can plead it in court. Each state has its own laws regarding this and you can contact a lawyer in case you need any further advice.
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Regarding domestic violence
I have filed a complaint against my in laws in counter they have also filed a complaint with some false allegations. I don't have proper proves to prove them guilty .They were planning this from a lon
2 years ago
A. Hi,
If you can prove that the said complaints are false and were fabricated to frame you, you can file a petition to quash the FIR. FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
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Vaidehi Samant
Land not handing over by seller
I purchased a land in March 2013 from a Muslim. The land gets registered and mutation done on my name. I have paid land revenue tax for five contious years. In 2018 sellers half sister appeal in front
2 years ago
A. Hi,
It depends on the facts of your case. You have to contact a lawyer and detail your issues by providing him the relevant documents. You can file a suit to claim your title on the said property.
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Money removed from bank by my brother
My brother removed all the money from the bank after my father death. He filed an affidavit saying he will be responsible if any one comes to claim. We are four legal heirs including my brother. Nomi
2 years ago
A. Hi,
You can move legally. You can claim for your share and if your brother claims the amount with mala fide intention, you can sue him for criminal breach of trust, cheating, and fraud. You can file a civil suit for getting your share.
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Vaidehi Samant
Will ufm (unfair means) in university exam affect eligibility for govt job
After many years I got a state government job so there is a question in the attestation form that asks 'Have you ever been debarred or rusticated from university examination - yes/no? ' I have got u
2 years ago
A. Hi,
That may not affect your job unless your job agreement mandates it. In case there is an express prohibition of such candidates, it may lead to a problem. However, you can raise objections in case of any such actions. Please contact a lawyer for further advice.
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Ancestral Property Issue
Hi,my Father's younger brother (uncle) is staying and doing farming at our ancestral property from long time,he has even constructed a new house in the same ancestral property without our consent.My
2 years ago
A. Hi,
You can approach the court for partition. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner. You can approach a lawyer to file the partition suit.
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