Advocate Shanker Das

Questions Answered by Advocate Shanker Das

Q: Loan sites house gold insurance

Recently my mother has expired without a willMe and my sister are minor and my father is major Can he get all the loans land property house property gold of my mother insurance on my mother nameWhat is about the sucession certificate expalin please How to apply it and where to apply itIf my father has got the death certificate and if he leaves us whats our future

Advocate Shanker Das answered
If your mother expired without any will your father will be legally liable and bound to take care of all your necessities including your education, food, shelter etc. If your mother had any insurance please check the nomination of the policy and for gold it will be your until she has dedicatedly given to your father that to for you and your sister. Your father will only act as natural guardian and custodian for you and your mother belongings.

Q: Land purchased under tribal act how to protect property from sealing

My father purchased land disrict in 2012. that area is under tribal act. we are BC community. One tribal teacher wanted (he and his are teachers)to occupy that land by saying tribal act and with the hlp of tribal groups.dispute has been started in 2016 feb while we were constructing house in that land. finally we constructed small house in that land recently. deputy collector came to inspection. he saw all papers. he took the views of neighbours. and they wanted to seal the house...how do i save my land and house?

Advocate Shanker Das answered
At the time of purchasing the land did you check EC certificate and link document of the seller and if it is a sanctioned land by government for the welfare of ST then you are in trouble as per law Sanctioned lands for the welfare of ST government will clearly mentioned in land documents stating this land is not for sale. Please answer few 2 of my questions1 Is the land is a sanctioned land by government to ST2 Do you have registration document and other link document of your land.

Q: How to recover lent money have promissory notes and cheques

‌My father gave money to my relatives and his friends but they are not paying back due to soft corner of my father, we are middle class family that money is our hard earned money we are totally broken. Is there any way to get that money,they are individually five members we have promissory notes and cheques from all of them. How should we recover our money?

Advocate Shanker Das answered
As you mentioned you have promissory note and cheque of your relative. I would advise you if it is a undated signed cheques present those cheque in bank and if the cheque is honoured you will get back your money and if the cheques got dishonor you have to file a criminal compliant under NI act which a cheque bounce case and you will get the compensation 10 times more than the cheque amount. But remember you have to file the cheque bounce case within 1 month of your cheque bounce.

Q: Release of Gratuity held up upon retirement due to pending Inquiry

Dear Sir I have recently retired from a PSU, my gratuity, pension leave encashment etc are held up as vigilance clearance was not provided due to issue of a charge sheet issued three months prior to my retirement for matters related to the year 2007-2008, losses in coal transaction in Mumbai ie after about 9 years. What is the legal status can the gratuity be held up when superannuated normally, what is the remedy, how to get released my gratuity, pension etc Thanks

Advocate Shanker Das answered
As you mentioned you have retired upon superannuation after completing your service the gratuity and all other retirement benefits will be released normally. However, you mentioned your gratuity is not released due to vigilance non clearance I would advice you to give one representatio to vigilance department head and head of your organization and HR department head and if you do not get any satisfactory response then I suggest you to file a case in industrial tribunal. Hope, I provided solution for your problem.

Q: Collusion of my brother with the tenant of our ancestral property

I have an ancestral property which is shop room, after death of my father I and my brother is enjoying the same without any valid partition. Meanwhile I and my brother had lease out the same to the tenant by way of oral lease, as things stood thus my brother and tenant got colluded and failed to pay me my share of rents since 2 months and I questioned the same therefore the tenant filed police report against me and my son that we are trespassing his shop and police registered complaint u/s 448, 506. Kindly suggest me In what way I can defense my case?

Advocate Shanker Das answered
Send a legal notice to your brother and tenant for the due rents. After there reply I can suggest you the proper steps for recovery of rent. Coming to police compliant there is strict instructions from Supreme Court and High court stating police should not interfere in property or civil dispute give a compliant to higher police officer.