Advocate Santhana Lakshmi

Questions Answered by Advocate Santhana Lakshmi

Q: What to do if a person keep on getting stay order on land

Dear Sir /Madam, A piece of land had a case on it, which was disposed in court in the year 2013. Later I purchased that land in 2016. Land has been transferred to my name now. Due to requirements of my daughter’s education I wish to sell the land now. When I try to sell the land, The person with whom my previous land seller had a case in court, started threating me that he would reopen the case now in 2018 and get a Stay on it without allowing me to sell the land. Is it possible for him to get Stay on selling of my land or reopen the case after 5 years after case being disposed? The person from whom I bought the land is the actual owner and its his ancestral property.He had won the case in 2013.

Advocate Santhana Lakshmi answered
You can lodge a Police complaint against the person who is threatening. When you are the bonafide purchaser, you need not worry about the fake threatening. When you have both title and possession the other person canot get stay order.

Q: How can I get my child community certificate

Sir I don't have my and husband community certificate how can I get my child community certificate

Advocate Santhana Lakshmi answered
In absence of Community Certificate of father, child's community certificate can be obtained by producing community certificate of Mother. Therefore, you can submit yours and obtain communicate certificate of your child.

Q: What to do my company is not relaesing my PF, gratituty, bonus

My company refused to release my PF, Gratiuty, Bonus , emphasizing Non competency agreement - while sending my resignation they accepted the same , i have their e mail confirmation , But refuse to give my relieving letter even after handing all company properties, Now they threatening that i am defaming their company, right now i am working with competitor products,Plzz guide me

Advocate Santhana Lakshmi answered
PF, Gratuity and Bonus are eligible to the extent based on your entitlement. For example gratuity is payable only after continuous employment for a period of 5 years or at the time of superannuation only. There are similar criteria for pf and bonus as well. So we must check your employment papers before advising.

Q: Does a married daughter has right in the property of her father

Sir,Iam from hindu religion we have an land it was purchased by my father's mother now the land was in my fathers name but my father was died before 1995 we want to sell the land I have an one elder sister,one younger brother both of them were get married we have already gave land and money to my sister at marriage now I want to know she had a rights in land whether she want sign to sell the land

Advocate Santhana Lakshmi answered
Hi, Irrespective of whether married or not, woman is entitled for property. In your case your married sister is also entitled for her share in the property. One thing what you can do is you can get a release deed from your sister in consideration of existing settlement of properties to her. If she releases and relinquishes her 1/3 right in property then she need not come and sign when you sell the property to some third party.

Q: Employer not processing employee's PF amount & demanding money

Sir my pf formalities not complete by my employer they want me to pay bulk amount to process 45000 to process. Please help

Advocate Santhana Lakshmi answered
You can file a written complaint before the Labour Commissioner. .....