Advocate Kanchana Patil

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Questions Answered by Advocate Kanchana Patil

Q: Indian woman who became Canadian citizen after marriage

An Indian woman who became Canadian citizen will have right to claim share in Indian father\'s property? The father passed away without writing a will on his wife or son\'s name.

Advocate Kanchana Patil answered
based on the religion if the father property rights is available and that has to again based on the ancestral propety or self acquired property of concern person father. upon knowing yhd complete details exact details of right of claim can be availed

Q: Legal obligations to online lucky draw competition for ecommerce

If I run an online digitial asset selling marketplace website that consists of digitial art, audio books, e-books etc and people who purchase these items are added to a lucky draw where the user can win items like phones, laptops and bikes, is it legal in India?

Advocate Kanchana Patil answered
It depends upon your exact business line and if it is not gambling and betting then it is permitted considering all other aspects and not wagering. Better consult legal professional of your choice to clearly understand the applicable laws

Q: Sale agreement was expired So I cancelled the deed.

I signed a 3 month sale agreement with a buyer who applied for the bank loan and it was sanctioned but the buyer was unable to pay the remaining and sale agreement was also expired so I decided to cancel the deal. Can we get our papaers back after our deal cancelled.?

Advocate Kanchana Patil answered
you need to sign or execute cancellation deed of agreement to sell and get the same registered with the jurisdiction sub registrar with the required terms and conditions. you may get the draft by the Advocate of your choice

Q: Can I claim my incentive due from 2 months after I resign?

I work with Practo as a sales agent. I am resigning on 28th Feb 2023. I will serve a notice period of 15 days. My issue is that since I am leaving, my employer now says that I will not be paid incentives due for January and February 2023 which amounts to almost Rs.20,000. It is practice, right? How can I claim my hard-earned incentive money from the company?

Advocate Kanchana Patil answered
read the terns of appointment letter or offer letter and hr policy of the organization and when the incentive us paid. what exactly is ur notice period is it 15 days or 30 days. otherwise you file suit for recovery of incentive

Q: Layoff : Question regarding separation agreement

I am employed in Google India Pvt Ltd. Google laid of around 450 employees in India. But they want employees to sign separation agreement. Legally it would be shown as I have self resigned from the company. In lieu of this they are paying notice period and severance package.My Question is - Should I sign separation agreement?- What if i refuse to sign separation agreement. I come to know that Google needs to take approval from Govt to terminate employees. Given that Google is profit making company, it may be difficult for them to get approval. Even if they are able to do so, it would take some time and thus I can delay my termination. Want to check on legal opinion on this.

Advocate Kanchana Patil answered
it is better to review and understand the terms of termination or at off terms what your employer is stating to you. As per industrial dispute act approval of govt is required to layoff employees . But if the ground of termination is different other than the layoff then approval may not be required. by providing the exact details and documents take legal consultation or legal opinion from Advocate of your choice