Advocate N M Khundmiri

Questions Answered by Advocate N M Khundmiri

Q: Can i join new company and work for same client

Hi, I signed a non compete agreement with my previous employer, which stated-"after resignation from organization, till 6 months I cannot take employment from client or customer , whom i have interacted in any form" I worked for XYZ client (which was client of my previous organization), now contract between XYZ client and my previous organization is over, and the XYZ client has gone to ABC organization . My query is- Can i join ABC (NEW employer )and work for same client(XYZ). Will it breach non compete agreement? Point to highlight is- I am not taking employment with client, but with ABC (new organization)

Advocate N M Khundmiri answered
Any clause of an agreement cannot be read as a stand alone clause. There may be clauses preceding it which governs it or clauses subsequent to it may have bearing on it. If the statement from an agreement that you have provided is not subjected to any other statements of the said agreement in question than it can be safely said that you can join the new employer.At times it's not just the agreement but the intention of the parties to it is also of prime importance. Upon the reading of the whole agreement alone can one deduce it’s real intention and import and the subsequent legal consequences in breach thereof.

Q: How can the TDS be calculated on basis of price of the property

Hi, on purchase of a flat of value more than 50 Lakhs, how to calculate TDS? Whether it is 1% of base price + amenitie + corpus + advance maintenance or it needs to be 1% of base price + amenities?

Advocate N M Khundmiri answered
TDS on property purchased is 1% of the total sale consideration where the sale consideration is more than Rs. 50 Lakhs.The tax will be on the total sale consideration that is reflected in the sale deed or an agreement thereto.As the TDS itself denotes tax deducted at source the tax has to be paid before the sale consideration is paid to the seller of property. If the total consideration being paid is in installments then the tax proportionate to the installments being paid is to be deducted before the installment is paid.As to the procedure on paying TDS on sale of property follow the link given below - http://incometaxindia.gov.in/pages/tds-sale-of-immovable-property.aspx

Q: Share in deceased father's property?

My father baught a agri.land from his friend without any registration just a mouth word. The land was in my father's possession. My father and his friend no more now. After death of my father the land is in my mother's possession. My mother sold few house sites to village people with agreement. Without notice to my mother my father friend sons sold land to others. Now they sent me a suit summons to attend the court. We have given police complaint saying that the land is in our possession also given a complaint at MRO office with all village people. Please suggest and guide me how to get my father property from such fraudulent guys ?

Advocate N M Khundmiri answered
The query is devoid of many crucial details and any advice on the matter will not be devoid of the risks it entails. Agricultural land bought with just word of mouth… Oral sale is not a sale proper as per Transfer of Property Act but is merely treated as executory contract subjected to be pleaded and proved to the satisfaction of the court.When was the land bought and since how long have you been in possession? And was the possession peaceful for such duration. In any which ways if you say or plead that it was an oral sale without registration and proceed further then that would preclude your plea of adverse possession.Who is in the possession of the documents pertaining to the said agricultural land.Your mother sold few house sites to village people with agreement - those who bought the land from your mother will not have any better title than what your mother had. Same goes with the sale your father friend sons had made. Another stricture or grace whichever way you want to look at the issue is the protection of bona fide purchasers of the said properties.Those who sent you the suit summons - what exactly is the suit all about?Depending on the kind of suit filed, police complaint and complaint at MRO office will have less bearing on the case as the matter may turn out be sub judiced. There may still be legal remedies available to you but that would depend on the kind of suit the other party has filed against you.