Advocate Suman Das

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Questions Answered by Advocate Suman Das

Q: Should i have to submit family declaration for taking job under Compa

My husband has died 1 year ago. He was working under central govt. I with my inlaws have made an agreement for dividing all the death benefits of deceased employee into 50 :50. My husband made his father nominee in NPS account. Now whatever I get from the office it was distributed between inlaws and me. But as in Nps my father in law is nominee now he denied to share with me that amount i e.13 lakhs though NPS was also mentioned in that agreement paper. He also kept all my husband's personal Bank related things like Passbook, Debit card, Credit card. I asked to give those things but they completely denied from giving that. As he is not giving me that share I also denied to give declaration affidavit to the office that I will take care of family members of deceased employee i.e. Mother & Father. Now my question is :n1: Is it compulsory to give such family declaration that I will take care of the deceased's family member??nOr I can get the job under Compassionate ground without the de

Advocate Suman Das answered
It's compulsory to give the declaration otherwise your employment will not be selected for compassionate appointment. Later on if you challenge it also in courts you will fail as it is a pre-requisite for availing the benefit of compassionate appointment.

Q: I have entered a sale agreement in the year 2018 for the sale of a plot of land in Assam. The purcha

I have entered a sale agreement in the year 2018 for the sale of a plot of land in Assam. The purchaser also took a power of attorney where it was mentioned that he can totally manage the property. It was orally decided that he would leave 7 ft. land as way to the landowners (my relatives) behind the land but later he said the he will only leave 3ft. land. My relatives called me and we decided to put posts in the land excluding the 7ft. distance, after some time the purchaser called me and scolded me and uprooted the posts. Now, I don't want to sell the land to this person anymore even if he decides to leave 7ft. of land. I took more than half of the total payment on grounds of necessity which was mentioned in the agreement. The sale agreement was only notarized. As almost 6 years had passed is the agreement still valid? If yes, is it revocable? Also there was a minor mistake in the agreement regarding the location of the land. The name of village was wrong. How to the revoke POA?

Advocate Suman Das answered
HelloYou will have to first serve a notice on the Attorney Holder that you are revoking the POA and then publish an advertisement in the newspaper regarding the same. Thereafter you proceed and take possession of your land. we also need to know the status of your land- Eksonia, Myadi Patta, Krishi Land, etc to advise better.

Q: boy take advantage with the girl's uncle and bye fraud take signature of the girl in marraige certif

boy take advantage with the girl's uncle and bye fraud take signature of the girl in marraige certificate and islam kabul nama... now after almost 4 years the girl came to know about the issue. now the boy is threating the girl that he will not divorce her and will take her with him ... and also the boy is very much rich sooo he try to bribe the persons for making judgement on his side ... what action should we take divorce the boy ... plz help

Advocate Suman Das answered
File for a nullification if you can prove that fraud has been committed. if not then you have to proceed for divorce under the special Marraige Act. No court will be influenced to the extent of not granting a divorce if you can show reasonable ground..here you claim fraud but you need to find out how and when the fraud happened.

Q: Regarding Non Payment Of Employees Wages

In regard with the subject mentioned above, I would like to inform and seek your kind advice, that Sir many of employees working under THE ASOM BAHUMAKHI SAMABAI SAMITI LTD DIPHU BRANCH has not received any wages from the day of their joining. And I also would like to inform that the acting Divisional manager has collected an Amount of Rs 50000 from each employee. Now the employees working under the above mentioned department made a decision to quit the job and get refunded the amount they have payed. So I on behalf of their request i would like to kindly urged your kind legal advice and support for which I shall be highly obliged.

Advocate Suman Das answered
Hello,We deal with Labour Laws and hopefully we will be able to help you. The question you shared needs additional information. I need to know the status of the Samiti- Is it registered or not? under which act?, etc.Secondly, I need to know the designation of the employees. I also need to know if you have formed any trade union or not.

Q: builder has not given us possesion certificate

the builder has not added my fathers name in the jamabandi and still hasnt given us the handover certificate. we are afraid that he might try to take over our unit. what should i do?

Advocate Suman Das answered
Sir, kindly approach RERA, Real Estate Regulatory Authority. We generally deal with RERA in Guwahati. You can file a petition before RERA and ask the court to direct the promoter/builder for the certificate.