Can company enforce non-poaching in case of severance
Can company enforce non-poaching in case of severance
I have been asked by my company to resign citing obsolescence of my role. In such a circumstance, can the company enforce its non-poaching agreement on me? This will limit my employment opportunities
2 weeks ago
A. Dear Client,
Non-poaching agreements are entered by the competitors to restrain from hiring each other employees. These clauses are added to the agreement to protect the employer from lateral hiring of their employees by the competitors. However, according to Section 27 of the Indian Contract Act, if any terms and conditions of an agreement directly or indirectly compel the employee to serve the employer or restrict them from joining the competitor employer is invalid. Further, the company canno ...ReadMore
Mental harassment by husband staying in Pune on wife living in Bangalore
Hi, I left my husband in 2021 for his mental and physical abuse with me. I have been staying in the house which belongs to both of us with my 10 year old. Our divorce case started in 2022 which is sti
2 weeks ago
A. Dear Client,
Consider filing multiple cases against your husband and his family members. This could lead to easier maintenance for you, potentially prompting them to seek a compromise.
LTCG ON SALE OF PROPERTY
My mother and father were copartners in a property since 1995,as father expired in 2004, property automatically in 2004 transferred to me my brother and mother,what should be the percentage of amount
2 weeks ago
A. Dear Client,
On the demise of a co-owner in jointly owned property, if the deceased co-owner left no will, then all the surviving legal heirs including your mother who is now alive, are entitled to an equal share of the deceased owner's property. Accordingly, your mother who is now holding a 50% stake in the said property, her share would be 50 + 50/3 = 66.67%, and both of you and your brother's share in the said property would be 16.66% each.
Demat account and equity share related
My brother was managing my shares on my name. So i dont have my demat account number as well and he refuses to give me as well. Recently i got a post mail from the share company regarding the claim of
2 weeks ago
A. Dear Client,
Every demat account is linked to a bank account. You can get the details of the demat account from your respective bank by connecting with the manager. But, you need not worry, as your brother cannot claim the dividend shares from your account.
Hope it helps.
Thank you.
How to get Invoice for GST in paypal
I m in India and I m earning from. Outside India. My all earning from paypal.. But I don't give invoice to clients because I have YouTube and Instagram pages so my subscribers or members donate me eve
2 weeks ago
A. Dear Client,
You have to register your business under the GST Act with the GST Council to get GSTIN number from the authority to raise your invoice against any service with applicable GST and claim a refund of the difference between input and output GST through filing terminal returns to the concerned authority. Reach out to a CA or tax professional for more information and further clarifications in this regard.
Real estate agent harrassing for brokerage
I Had given one year brokerage at the time of agreement to agent three years back. And There is no any further agreement with brokers for every year renewal fee nor mentioned on agreement copy. Owne
2 weeks ago
A. Dear Client,
After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents are mandatorily required to register themselves with the RERA under Section 9 of the Act and the functions or activities in the real estate business are regulated under Sec.10 of the said Act. If your so-called agent is a registered agent under RERA, then you can lodge a complaint against him for unfair trade practice before the Adjudication Officer, RERA under Section 31 of the Ac ...ReadMore
Family pension eligibility
My father in law was a post master. He used to get pension. After that my mother in law gets that pension. Their son died in 2017. So can i get this family pension as a widower as my mother in law a
2 weeks ago
A. Dear Client,
Family pension is exclusively granted to surviving spouses or minor children, meaning you're ineligible for it.
Seeking Anullment of marriage
I already filed a suit for divorce grounds of section 13-harassment by wife. I would like to file another petition to nullify marriage since no "saptapadi" happened as per section 7 of Hindu marriage
2 weeks ago
A. Dear Client,
You can add the non-performance of saptapadi as an additional ground in the existing petition and seek to declare the marriage as null and void. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
EPFO claim rejected due to service overlap
I have been working with an organization that has terminated my service with immediate effect with one-month of extra pay. After that I immediately joined the new company with in a week. But later my
2 weeks ago
A. Dear Client,
You need to rectify the discrepancy between the joining date and exit date of the company. If there is an overlap in the PF records it might show dual employment during the background verification. So, in this case, you need to approach the office of the Regional P F Commissioner and seek to resolve the anomaly between the joining date and exit date in EPF records. Further, you need to submit a joint declaration form, a form jointly signed by the employer and employee to rectify the ...ReadMore
Relinquishment deed signing by sister
My wife's brother is threatening her to give up her share on her ancestral property after her father's death. He is asking her to sign a relinquishment deed. Thing is they don't have legal heir certif
2 weeks ago
A. Dear Client,
Your wife is legally entitled to her share in the ancestral property. It is illegal to get a relinquishment deed by coercion. In this case, you can file a complaint against the person for coercion and harassment. However, if your wife signs the relinquishment deed, she looses all her rights over the property and the person will have a complete authority of the property.
Hope it helps.
Thank you.
