Advocate Shrikrushna K Tambde

Questions Answered by Advocate Shrikrushna K Tambde

Q: How to get relieving and experience letters

Hi, I left a company many years ago a private company.did not take relieving/experience letters. now they are not giving..even salary slips are not there with me..how can I get it.thanks

Advocate Shrikrushna K Tambde answered
You can request the relieving letter or acceptance letter from the previous employer. Your best bet is your ex manager, if you were in good terms he could help you.Other way to prove is to provide proof of employment is by showing your offer letter, salary certificate, Tax Return etc

Q: Can i leave the company without any legal complications

I Joined a company 3 months back with Service agreement of 2yrs with penalty clause of Rs 10 Lacs. Now I got better job opportunity in multi national company. Can I leave the current company without any legal implications? what could be better reason while resigning the company?

Advocate Shrikrushna K Tambde answered
As per information given by clients Agreement conditions are legally binding on the both party if agreement is duly signed and consent is takes as per law in force. Further legal advice will be ascertain if the other conditions is disclosed.

Q: How to file for claims from husbands salary

Hi , My question is that if my husband is not financially strong and i want my claim i can claim for his 50 % OF Salary ? Second question is that if i plan for re-marriage will that claim will be continue ??

Advocate Shrikrushna K Tambde answered
As per section 125 of CRPC, the wife is entitled to maintenance from the salary of the husband as per order of the family Court. Quantum of Maintenance will be decided by competent Court.As soon as women remarriage, she will not be entitled to maintenance from the previous husband.

Q: please advice about tranfer of employee

i am a state goverment of maharashtra empolyee working in tribal area for more than five years and i request to department for tranfer at xyz institution.... as per the goverment resolution dated 6/8/2002 preference for tranfer should be given to employee working in tribal area for more than 03 years.....but if department given tranfer to another junior employee to that xyz institution... can i go to Maharashtra Administrative Tribunal / high court for justice ....and can i get tranfer to that xyz institution..please advice

Advocate Shrikrushna K Tambde answered
u can file a writ petition in high court under article 226 of the constitution of India seeking direction against state government to consider a transfer in non-tribal area since u have completed mandatory more than 3 yrs service in the tribal area as per government notification. filing of the writ petition in high court is a proper and effective remedy

Q: Sister doesnt want to give me share in property of my parents

Father died few years ago, mother died 8 months ago, two sisters remain, elder sister does not want to give to younger sister. Before dying mother some paper was made by uncle, 805 elder-20% younger share, rough paper two witness family friends , not registered, witness not present during paper thumb impression in hospital, mother highly sedated with medicine( not alert at all). what is younger sister standing, thnks

Advocate Shrikrushna K Tambde answered
As per Given Information by Clients, Will deed should be made and signed with awareness and full conscious Mind by the executor without coercion and undue influence and should be signed by at least two witnesses in present. will deed does not require registration as Indian Stamp act 1899.As per given information by client: if younger sister proof that:1.Executor( in this case mother ) has not in conscious state of mind ( unconscious due to medicine) and not fully aware what is written in will deed and signed or make thump impression in will deed 2. Witness is not present during the will is signed or make thump impression by executor of will deed then from the facts and as per law, will deed is not legally valid then both sister will get an equal share in property as per Hindu succession act 1956.