Advocate Lakshmi Baradwaj

Questions Answered by Advocate Lakshmi Baradwaj

Q: Document to show the ownership of two part of a plot as single owner

A single residential plot was purchased in two part by a brother and a sister, and two separate sale deed were registered, later sister gifted her part to the brother by registered gift deed, now what type of document can be made to show that the brother has become absolute owner of entire plot?

Advocate Lakshmi Baradwaj answered
This will depend on the state you reside in. There will be a certificate issued by the revenue authorities to record the split. If such certificate is made, you will have to get the plots amalgamated. In the event there is no such certificate, there no requirement of any other documents other than the sale deeds and the gift deed confirming the ownership

Q: Maternity leave for startup company

Could you please help me with the maternity leave policy for company with less than 50 employees

Advocate Lakshmi Baradwaj answered
Any company with more than 10 employees are required to grant maternity leave of 26 weeks. The employment agreement will need to have specific clauses regarding maternity leave. Also in the event the maternity leave is on the basis of adoption it will be for a period of 12 weeks.

Q: Leave & License Agreement cancelled if licensor dead?

My mother had made a Lease & License Agreement with a party for an open area around the house in her property. The Lease & License Agreement was made for 15 years of the time period, but the agreement was not registered . it was notarized. But my mother expired 4 months ago. My mother was the licensor of the agreement made with the licensee.After my mother's death (who was Licensor). What will happen to the her Leave & License agreement? Will it be canceled? I am the legal heir of her property, so can I cancel the agreement now?

Advocate Lakshmi Baradwaj answered
if it is a leave and license agreement, there is no requirement to register of in certain states. This will depend on which state you belong to and in the event the state the property is situated needs compulsary registration, the leave and license agreement will lose its validity. However, if the license agreement does not require registration, you will have rights to terminate the agreement only in terms of the agreement. please read the termination clause of the agreement entered into by your mother.

Q: Do I Haveclaim Overmy Grandfather land even if my dad denies the share

My grandfather had a piece of land (self acquired). He had 2 sons and one daughter. After his death(no will made) My dad and aunt denied the share, so my the oldest son inherited the whole land. Now i am 18 years old, do i have any claim over the land??

Advocate Lakshmi Baradwaj answered
Yes, you will have coparcenary rights in the property and it also depends on whether you were born at the time of you grandfather's death and if your father has released his rights in the property. However, your question is not clear, please confirm if your father had inherited the land or your uncle. my response to your question may vary based on the facts

Q: Khata transfer of properties when father dies

Sir/Madam1.How can i mutate the property by mothers name as my father deceased in 2016 ? In the succession certificate there are four members but i want it to mutate by mothers name only. How can i do it?2. There are some plots in the name of my father and how i can mutate by name? Is there any time limit for mutation in case of death.

Advocate Lakshmi Baradwaj answered
1. You cannot mutate it in the name of one of the inheritors, this also depends on the whether the deceased has left behind any will. You may have to seek permission from other inheritors.2. This depends on various factors. It is different for different religions. However, mutation will be done in all the successors names and not in the name of any individual.