Advocate Pradipta Nath

Questions Answered by Advocate Pradipta Nath (200+ answers)

Q: Is power of attorney valid after death of the owner of the property ?

My dad had a plot in his name ,however he signed a power of attorney in 2001 with a fixed rate . Unfortunately he died and so will the power of attorney will be valid . So now the property automatically comes under his wife and children's name ? What is the power of attorney validity after death in legal contexts? Hindu by law.

Advocate Pradipta Nath answered
Though the POA Act, 1882 is silent on the consequences of the death of the Principal or the Agent. And the Power of Attorney holder is considered as the agent of the Principal who delegates the Power of Attorney. If the Principal died, the agent lose its right to possess the property until the legal heir puts any objection.In either ways, the issue is also dealt as per the circumstances of various case to case.

Q: Advice for leaving company without serving notice period

I will resigned from my job from my current company without serving notice period.I am Probationary period. Company termination policy are "You will be on probation for the first six month of your joining the company. During this period employer can terminate the employment by giving a notice of 3 weeks while employee need to serve a notice of minimum 4 weeks. " Can company demand me in lieu of salary or money for release ? how to resign without serving notice period? Advice me.

Advocate Pradipta Nath answered
Need to go through your appointment letter. Apart in case you prefer not to serve notice to your employer there is a probability that the employer may hold your salary or may even hold your release letter and in many cases declare abscond if the employee do not inform at all. The main problem may arise during the course of verification as no employer want to work with such unprofessional and casual employee!So please serve them a formal notice and make your departure a smoother process... I hope you understood!!

Q: Can a government employee do business on their own name ?

Hello All, I am having a doubt related to Government Sector in India.It was told by people to me that law does not allow government employees to have their own business. I am just eager to know that is there any Law for the same.if I am a Government Employee working under the central government then would I able to start my own business..?? Many time people in my contact came across excellent business ideas but they do not proceed due to the certain rumors(I am not sure is it a rumor or law ) that an employee working under government is not allowed by Govt of India to start their own business. One of my friends is still confused with this.he has an excellent idea of a startup but it was told by people that you cannot proceed because the law does not allow us. One has to resign from government sector to startup their business. can government employee do business on their name ?

Advocate Pradipta Nath answered
A government employee is supposed to devote his/her time to full employment in the government. He /she cannot engage in any part-time or other employment or business while at the job. If they will be doing this will invite disciplinary action, and in some cases, they are terminated too. However, that doesn't stop them from doing one. They can start a business in their spouse's name or their children's name and supervise the business. I know many people who do that. Just the business will be in the name of others legally, but the entire business will be run on their credibility. But in any legal papers, the name of the Government employee does not reflect!

Q: Procedure for cancellation of PF & ESI registration, How to surrender esic registration ?

Ours is a Pvt. Ltd. Company and our Works is closed and machineries are going to be sold as scrap and Labour is being settled. No Office staff as all of them have resigned. We intend to run the Company for trading without any employee. Could we get our PF and ESI registration cancelled. how to cancel pf registration

Advocate Pradipta Nath answered

No, PF and ESIC registrations cannot be simply canceled but can be surrendered for permanent closure. To do this, you need to apply to the respective PF and ESIC Commissioner’s office where the registration was obtained. Before approval, inspectors usually conduct an inspection to verify that there are no outstanding dues or discrepancies in your PF and ESIC records. Only after the inspection and satisfaction of compliance will the concerned officer order the closure of the registration.

Since this process can be lengthy and complex, it is advisable to consult a professional consultant who can assist you in managing the procedure smoothly.

Q: Query regarding Maternity Benefit

My wife is an Indian Railway employee. She had one history of previous miscarriage at 26 weeks. So she did not have the oportunity to apply for maternity leave. Now she is pregnant of 32 weeks. Can she avail 180 days maternity leave. Maternity benefit counts of living child or total no of child.

Advocate Pradipta Nath answered
Yes definitely your wife can avail the maternity benefit. The maternity leave is guided under the The Maternity Benefit Act. No employer can reject the maternity leave of an employee. Ask your wife to speak with the personnel manager and apply for the leave. Please ensure you have a proper Doctor certificate or documents.