Advocate Nikhil Nagpal

Questions Answered by Advocate Nikhil Nagpal (25+ answers)

Q: Query About Adding A Clause In Gift Deed For Property

I just have a quick query sir.Question - If I write below condition in property gift deed in favor of my son, will it be ok?"The gift deed may. be revoked at discretion of donor in future"

Advocate Nikhil Nagpal answered
No, you cannot include a condition in a gift deed stating that it can be revoked at your discretion in the future. Under Indian law once a gift is made, it cannot be taken back unless there is a valid legal reason, such as fraud or mutual agreement. If you want to retain control over the property, consider these options: 1. Use a Will Instead– A will allows you to decide who gets the property after your lifetime, and you can change it anytime. 2. Make a Conditional Gift– You can specify conditions (e.g., the recipient must take care of you), and if they are not met, the gift can be revoked. 3. Retain Lifetime Rights– You can gift the property but keep the right to live in and use it for life. If you want flexibility, a will is the best option instead of a gift deed.

Q: Lift Dispute While Staircase is in use

I am paying for a lift installation in my building, there are 2 staircases we are hampering only 1 of them so everyone else has access to the staircase, now they don't want to pay for lift and want complete access, I don't want that since I am the one paying fully.

Advocate Nikhil Nagpal answered
Since you are fully funding the lift installation, you have the right to decide its access. The others cannot demand free access if they are not contributing. However, to avoid future disputes, you should: 1. Put It in Writing – Draft a simple legal document stating that the lift is privately funded and will not be a common facility. 2. Restrict Access Technically– Use a key, access card, or password system to ensure only authorized users can use it. 3. Notify Residents– Send a formal notice stating that since they have chosen not to contribute, they cannot claim access. If they challenge this, they will have no legal ground as long as the staircase remains accessible.

Q: Not releasing me as per notice period mentioned in my offer letter

I joined my company as Senior associate and on offer letter my notice period was 45 days. I got promoted to Assistant Manager and I didn’t received any re employment contract or any notification for change in my notice period. Now when I put my resignation they are saying you have to serve 60 days of notice period as for Assistant Manager notice period is 60 days however I have already accepted another offer letter considering 45 days notice and the new company is not changing joining date.

Advocate Nikhil Nagpal answered
In this case, your resignation and the dispute regarding the notice period are governed by the terms of your original offer letter, as well as the principle of contract law under the Indian Contract Act, 1872. Since you were promoted to Assistant Manager without receiving a formal amendment to your employment contract or any explicit communication altering the terms of your notice period, the notice period of 45 days stated in your original offer letter should remain applicable.As per Indian law, any changes to the terms of employment, including the notice period, must be mutually agreed upon and communicated in writing. The absence of a new contract or written communication regarding the change in notice period means that the original 45-day notice period remains enforceable.Additionally, as you have already accepted a new job offer based on the 45-day notice period, and the new employer is firm on the joining date, you may argue that the company’s insistence on a 60-day notice period is unreasonable and contrary to the terms of your existing employment agreement. You may also seek legal recourse if the company attempts to prevent your resignation or impose unnecessary delays. It is advisable to send a formal communication asserting your position and, if necessary, seek legal assistance for further proceedings.

Q: My daughter has submitted the resignation with 2 months notice period

My daughter has submitted the resignation with 2 months notice period. Currently she is on the Bench. Can she leave after one and half month

Advocate Nikhil Nagpal answered
Under Indian law, if your daughter has submitted her resignation with a 2-month notice period and is currently on the bench (not actively working), she is generally required to serve the full notice period unless her employer agrees to an earlier release.However, if she wants to leave after 1.5 months instead of the full 2-month notice period, it would depend on the terms of her employment contract and the employer's policies. Typically, an employer may agree to waive the remaining period or allow an early exit, but they are not legally obligated to do so unless there's a mutual agreement.If the employer does not consent, they may enforce the full notice period or deduct salary for the unserved notice period as per the contract's terms.To avoid complications, it’s best for your daughter to formally request an early release from the employer and seek their approval in writing. If she cannot reach an agreement, she could potentially face penalties or loss of salary for the remaining period as specified in her employment contract.

Q: Can an Innocent Family Face Legal Trouble After Accused Death?

If a person was falsely accused and has passed away, but their innocent family—who have no legal knowledge, cannot afford travel, fear going to another state, and face language barriers—has never been contacted by police or court, can they face legal trouble in the future? If any issue arises, can they seek legal aid and approach their state’s High Court or the Supreme Court instead of traveling to another state? Is it mandatory for them to inform the authorities or submit a death certificate, or will the case close automatically? Can the police or court trouble them despite their lack of involvement? What legal steps can they take to protect themselves?

Advocate Nikhil Nagpal answered
If a person has passed away while falsely accused, their family members typically should not face legal trouble, especially if they have no involvement. The case may close automatically after the individual’s death, but authorities might still require official documentation such as a death certificate. In such cases, the family should submit the death certificate to the police or court to inform them of the passing, which could lead to case closure.If the family faces legal pressure or requires assistance, they can seek legal aid. The Legal Services Authority provides free legal assistance, and the family can approach the local legal aid cell or request support from their state’s High Court or the Supreme Court if needed. It’s not mandatory to travel to another state, and legal aid can be sought remotely.Police or courts should not trouble innocent family members, especially if they have no involvement. However, if they face any legal harassment, they can file a complaint with higher authorities or seek judicial intervention. To protect themselves, the family can document all interactions with authorities and consult a lawyer to ensure they are not wrongly implicated.