Advocate Najamuz Zaman Khan

Questions Answered by Advocate Najamuz Zaman Khan

Q: Principal forcing to do account work want to take legal action

I'm working as daily wager skilled and having a qualification MCA but my principal force me to do account work which I don't have knowledge.Now what to do

Advocate Najamuz Zaman Khan answered
By law, your employer must give you a written Employment Agreement before you start work. An Employment Agreement gives both parties a sense of security that both are fully aware of their obligations and have agreed to comply with the stated terms and conditions. If there is breach of employment contract/agreement than the party affected may file a suit for compensation against the other.

Q: What if my uncle gets a stay order on sale of my property

i sell my parental property. my uncle have stay order on said property before i sell property. he lodge case on me. kindly suggest me what can i do. The property was father of my grand father and my grand father was gave me power of attorney. I am Hindu 

Advocate Najamuz Zaman Khan answered
If the the ownership was transferred to your grand father than he had right to execute power of attorney in your favour and you can enter in the transaction of such property only when it would be a registered General Power Attorney.

Q: Penalty on delay in possession from builder to buyer as per UP RERA

Please provide clarity if UP RERA is using the builder buyer agreement as a yardstick for determining delay penalty from builder to buyer (at the rate of approx rs. 5 sq/feet) or leveraging the RERA guidelines of approx 10 percent. I have heard that some adjucating officers in UP RERA as simply referencing the builder buyer agreement guildelines as they claim that the 10% penalty has not yet been ratified into implementation. pls confirm on this

Advocate Najamuz Zaman Khan answered
RERA has prescribed the interest rate of 10% on the invested amount by the buyers facing problems due to delay delivery of homes. The interest rate prescribed by the authority is 2% points above SBI's Marginal cost of fund based lending rate (MCLR). The Act also mandates buyers to pay the interest rate of 10% on delayed payment of their dues instead of 12% to 18% as contracted in the sales agreement.

Q: What can I do if I am being harassed at my workplace

I female gf in university was harrassed by male regular faculty, took attendance register in custody and cut my signature and put my classes in TT from morning till evening and used abusive words like chirkoot,bhade ke mazdoor etc.I complained to VC and cm portal,now a committee has been formed to make a decision,how should I present the matter

Advocate Najamuz Zaman Khan answered
We notice in the absence of effective legislation to contain eve-teasing, normally, complaints are registered under Section 294 or Section 509 IPC. You have to explain the case with each and every detail, all facts must be place before the disciplinary committee. You can go through the sections which I am referring in this article and place them before the disciplinary committee.The non-penetration sexual assault, under the section 354 of the Penal Code, is punishable with a maximum term of two years imprisonment of either description, or with fine, or with both.

Q: Care taker not leaving the house, what to do ?

MERE MAKAN M KO HOUSE CARE TAKER K LIYE DIYA GAYA THA. AB VO MAKAN KHALI NAHI KAR RHA HAI.BALKI USANE CIVIL CASE KAR DIYA HAI . NE JISASE HAMANE MAKAN PURCHASE KIYA HAI UN PAR FRODE KA CIVIL CASE KIYA HAI. AUR HAM LOG RENT PAR RAH RAHE HAI.  NE US MAKAN ME RENT PAR BHI DIYA HAI. PLEASE HELP I NEEDED

Advocate Najamuz Zaman Khan answered
A person holding the owner’s premises gratuitously or in the capacity as a caretaker or relative or a servant would not acquire any legal right or interest in the property, the Supreme Court has held.A bench of justices Pinaki Chandra Ghose and Uday Lalit said no one acquires title to the property if he or she was allowed to stay in the premises gratuitously. Even by long possession of years or decades, such person would not acquire any legal right in the said property. The bench said caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession. The caretaker or servant has to give possession forthwith on demand. The courts are not justified in protecting the possession of a caretaker, servant or any person who was allowed to live in the premises for some time either as a friend, relative, caretaker or as a servant.It said protection of the court can only be granted to the person who has valid, subsisting rent agreement, lease agreement or license agreement in his favour. The caretaker or agent holds property of the principal only on behalf of the principal. He acquires no right or interest whatsoever for himself in such property irrespective of his long stay or possession.