Advocate Manoj

Questions Answered by Advocate Manoj

Q: How to apply for SLP after 5 years

can i apply again SLP after 5 year.

Advocate Manoj answered
You can if you have a valid reason for condonation of delay in not filing the SLP within the stipulated period. If the Court is convinced with the grounds urged by you, the SLP would be heard on its merits by the Court

Q: The employer terminated without any prior notice want to take action

Dear Madam/Sir, I am working in a Pvt. Ltd. company rom last 6yrs, by today evening i have recieve my termination latter without any prior notice. Company terminated me as gives the reference as mentioned in joining letter that -employer can discharge(terminate) the employee at any time without any cause. What should i do? Please suggest.

Advocate Manoj answered
To answer your query completely, It is necessary to peruse your Letter of Appointment. However, it can be said that even if the employer reserves the right to terminate without assigning any reason, he has to give at least 1 month's notice or 1 month pay in lieu thereof. Apparently, this termination is bad in law and can be challenged.

Q: Booked flat sushant megapolis given 80% payment possession not given

I had booked flat in Sushant Megapolis greater noida in 2009. 80% payment done. But no possession till now. I want legal advice from you regarding this.

Advocate Manoj answered
You may either approach the authority under RERA or go to the consumer forum, depending on the facts of the case and the reliefs sought by you. I would be able to give concrete advise only when I get to know all the facts.

Q: Can sale deed be cancelled on the grounds of fraud?

Sir maine pp krae the postphonment property. Kuki stamp duty us tym otti hmae paas avliable nai the .. Ab pta chla k wo zameen p hamko fraud krdia gya wo alredy govt k hai ... Aur ab ham sale deed cancell krwana chate hai civil court me kya mere sale deed cancell hogi in case of frau aur seccond party buyer his also support to me for cancilation aur stamp duty mai nai dena cahta kya koi rata hai is fraud case me hamko madad krea btane me ... Itna heavy amount stamp duty ka mere haisiyat bhe nai kya hoga is case me civil court give me relief

Advocate Manoj answered
Yes, Civil Court can give you relief and cancel the sale deed if you are able to prove that fraud has been played on you and the sale deed has been executed fraudulently. I can give more specific opinion only of the details are known to me,

Q: In a family arrangement what if sisters are not included in 1985

We were 3brothers and 2 sisters. After death of my father a family arrangement was executed in 1985 amongst 3 brothers but sisters were excluded. This was for a self acquired plot of my father. Is this legally valid

Advocate Manoj answered
No. it is not legally valid as after the death of your father, who died intestate (without making a will), the property devolved on all his children, including your sisters. The exclusion of your sisters, without written relinquishment from them, either by a separate deed or in the deed of family arrangement, renders the arrangement invalid.