Advocate Rakesh Kumar Singh

Questions Answered by Advocate Rakesh Kumar Singh

Q: Notice period by company to recover amount in lieu of notice period.

Hello sir, I have worked in a Pvt company for only 5 months as a senior executive post in accounts department. They mentally pressed me due reason I resigned on 4 Feb 2017 and gave him a notice of 15 days. Now after multiple follows for my FNF they sent me the company notice stating that you have not paid the notice period recovery amount on the basis of gross salary and wanted me to pay 80000 thousand something. Even I am ready to pay the basis amount for non complete the notice period as no clause is mention in the offer letter to charge the gross amount. As per offer letter 90 days notice period is required, am I come in the labour category as my salary is 31500. They have not deduct PF to any employee. Can it be a ground to file a suite. Some one is saying they will file a civil suite against you. Pls suggest whether I have to pay the said amount. Or what to do I am in trouble. Can I send a legal notice to HR and manager?

Advocate Rakesh Kumar Singh answered
Yes. You can send legal notice to your employer and even file the case for recovery of money before the Civil court. You have other too available for filing your case before labour court before labour commissioner because it is simply non-compliance of PF rules and regulations under labour laws.

Q: Legal validity of an unregistered collaboration agreement with builder

The collaboration agreement with the builder is unregistered and according to the agreement if the builder doesnt conplete the construction within 24 months then he will pay us penalty of 50000/- rs every month and if he doesnt complete it by 36 months then his possession over the flats will automatically be cancelled and we will sale his flats and pay him after the deduction of the expenses incured by us in making all the floors his and ours But its been now 4-5 years and he is not constructing it abd even didnt payed us the penalty amount So do we need to send him any legal notice Or we can sell the property with his concern need

Advocate Rakesh Kumar Singh answered
First of all what you want either possession or refund the amount from the builder. Secondly, if you want possession or refund then you must send legal notice to builder and thereafter after sending the notice if the builder didn't reply you within time frame then you must file the case before the Consumer Forum as per the jurisdiction. Don't wait for that and you can discuss with over the phone.

Q: Want to form an association for wifi service provider

Dear Sir, we want to form an association of Wifi service providers..shall I go for Trust or Society..will we able to accept membership fee in Trust?

Advocate Rakesh Kumar Singh answered
In your case, there is society to be registered as per the society act. There must be minimum 7 person are required to form a society to be registered with the registrar office under Societies Registration Act 1860. You can contact me for the same.

Q: Right to purchase property of brother acquired by will of father

My father did a will by which i got ground floor of a house & my younger brother got first floor of the same house.now he want to sell his part of first floor to another person.can i force him to sell that first floor to me.

Advocate Rakesh Kumar Singh answered
You cannot force to anyone for getting any wrongful gain. If you apply force and caputre the said property without consent and free will then it is regarded as illegal on your part. Your brother can take legal action against you. So, it is advisable to resolve the issue amicably and peacefully.

Q: Can income certificate be obtained when source of income is zero

Respected sir/madam I need income certificate and I m totally dependent on my father. But my father refused to give income certificate to me because of some family issues. Can I get my own income certificate but my source of income is zero???

Advocate Rakesh Kumar Singh answered
No, you can't. You must show some income. You should have also file the Income tax return earlier for getting the the income tax certificate. This is family internal dispute and this is with nothing to do with income certificate.