Advocate Ishan Rohan

Questions Answered by Advocate Ishan Rohan

Q: What will be the share of children in mothers propery

Land has been transferred to my grandmother after my grandfather's death.. Now who has rights on it.. My grandma has two sons and two daughters

Advocate Ishan Rohan answered
The property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.The property will vest equally in all the children of grandmother if she did not make a will during her life timeThe two sons and two daughters will have equal rights.

Q: procedure to file a case in labor court

Need to know complete process of filing a case in labor court for non payment. 

Advocate Ishan Rohan answered
Please consult the Labour Officer of the area, from the Government. There are sections in the Labour Regulations describing the channel of communications of non-payment of salaries. Such cases are better settled at Official level than through the Labour Court,which is a time consuming process and not cost effective. Issue legal notice to pay the arrears. If co. fails to respond you then file a case in the labour court. https://www.workplacerelations.ie/en/publications_forms/labour_court_procedures_-_s_32_of_ir_act_1946_s_10_of_ir_act_1969.pdfyou can go to this website for further help

Q: Company closed and everyone terminated can i take any legal action

Hello Sir, I am working in IT company from last 5 year. My query is. Recently I join one pvt. ltd. company in the month of Nov 2016 and at the end of same month they loose their partnership deal and ask all the employees to leave the company and search for other opportunity. As of now (22 Dec 2016) they pay me for the month of Nov and also did not give me any re-leaving letter, As I am on probation period can I take any legal action against this company. Thank.

Advocate Ishan Rohan answered
Generally, employees would be terminated based on misconduct, disobedience, fraud, misappropriation and breach of contract etc., in your case, you got the termination based on non performance is totally illegal method adopted by the employer side.Before termination of any employees that employer must give an opportunities to the employee under the right to a fair hearing as per the principles of Natural Justice which is confirmed and guaranteed under the Law. You can challenge the termination order and claim the compensation and damages for mental agony and illegal termination. You have all the rights and better issue a legal notice to the employer i.e, Reporting Manager, HR Department and Review officer. Subsequently, if no use or reply from the employer, you can approach the Court of Law.

Q: What is the Stamp duty (amount) recommended for rent agreement

Stamp duty (amount) recommended for rent agreement with tenant . I want to rent out by 2 BHK flat (775 sq ft ) to tenant

Advocate Ishan Rohan answered
Stamp duty (amount) payable in DelhiFor a lease up to 4 years, the Stamp paper cost is 2% of the total average annual rent plus Rs.100 for the security deposit paid. For Five years to less than ten years – 5% of the value of the average annual rent. For ten years and more to less than twenty years – 5% of double the value of average annual rent.

Q: What would happen once a person file cheque bounce case against me

What would happen once a person file a case against me after cheque bounce ???

Advocate Ishan Rohan answered
You need to appear before the Court and get bail from the same court.The main ingredient is that the cheque issued should be a legally enforceable debt,If it was not a legally enforceable debt, fight the case on merits.You need to ensure that you prove that the said debt has been repaid and the cheque in question is a security cheque which was to be returned.Engage a good lawyer and let him chalk out the strategy to be adopted in your defence.