Advocate Dharmendra H R

Questions Answered by Advocate Dharmendra H R

Q: A will registered in sub treasury is valid in the court of law ?

A relative of my mother who does'nt have his own children have written their property through a will to my mother long back in 1991, which came to our notice recently. But this will has a seal and sign of sub treasury instead of sub register. Whether a will registered in sub treasury is valid in the court of law???

Advocate Dharmendra H R answered
Sir Will is need not be register. But you have to prove the Will. As per your query It seems you can succeed but you have to prove the will and in the same it has many dimensional issues are there. The information is insufficient to give correct suggestion.

Q: Company claiming more money for shortfall in notice period what to do

I was working for a MNC in Bangalore for from 13-Aug-2013 to 23-Jun-2017. I had resigned on 14-May-2017 and served notice period till 23-Jun-2017 and got relieved. I was in a hurry to join new job and hence I had requested them for early release and the same happened. But, now when I am seeing my Final settlement the company is asking to pay for the shortfall of notice period. As per the clause of notice period - its says - Employees must serve a notice period of 2 months and people working on critical projects has to extend another 30 days more ie., upto 90 days and the exact period of which will be communicated by the management. Now, as per this clause, I am saying them that the notice period is 60 days but not 90 days and hence I will pay the shortfall of 60 days. My company has a different opinion and they are quoting that notice period is 90 days and I have to pay shortfall for 90 days. Please suggest if I can go legally on this and win?

Advocate Dharmendra H R answered
As per your query it seems that you have to pay 90 days "IF YOU ARE WORKING IN CRITICAL PROJECT" In the above query you have not mentioned whether you are working in critical project or not. Another aspect have you got any written consent for early release?

Q: Land purchased but registration being denied. What can be done ?

Sir, my dad purchased land but registration not completed due to some land tax issue.( Land tax not paid from many years). Regular follow up done but they use to say we will do it after solving tax issur and we trusted them as relatives and they were in financial problem.After 15 years dad contacted many people and cleared the tax problem and now fresh papers came with their name from whom we purchased the land. They denying to register the land by our name. We got four bond papers signed by them saying that all amount is paid and will do registration after solving land tax issue. We got home opening pics our marriage pics where they were also present in the functions. I don't have legal registration papers but can I file case on them. And what are the chances of winning the case

Advocate Dharmendra H R answered
Sir as per Contract Act any agreement having a limitation to complete within 3 years. But in your case there is no time limit is fixed and you can sue with care and caution. But in my memory I read it recently some Supreme Court decision on it that you can sue for your relief.

Q: Can I buy another property nearby my current property ?

There is no road to my property. I am ready to buy nearby property required fr the land. Is there any rule/law for acquiring the same

Advocate Dharmendra H R answered
No problem Sir, you can buy. You can buy any number of properties wherever in India except Jammu and Kashmir. But which property? whether it is agricultural or residential? . But how can you get access to your property without road?

Q: We filed partition suit but father took loan on it

My fathers brothers and sisters have received their share in terms of money and the only owner was my father. My father has sold the property to a X person. Me my sister and brother have filed a case against my father and X person for our share in the property. The case got dismissed because evidence of my mother and any blood relative was not done, but evidence of two neighbors was done. My father did not sell the property he took loan on it, we don't have any proof of loan so I have filed partition suit. The X person was a Financier, he his brother, father have filed more than 200 case

Advocate Dharmendra H R answered
First my question is whether your father has made any deed between their brothers and sisters? secondly the property is an ancestral? that means who was purchased that property? Hence your query is having insufficient information.