Legal Query on claims after husbands death

Q & A

Q 1. I was married 1year ago and my husband was central govt employee , we both were staying in govt quarter allotted to us after our marriage. But after few months we booked a flat  and planned to settled down there but suddenly my life took a drastic twist my husband meet an accident and left behind me as a widow . After this incident I came to know about my in-law real faces , they started abusing me and forced to go to my mother’s place but now real problem started:

1. Please tell me what should I do to get the possession in flat and get  it registered (not registered till now) as  I have no place to stay ,as no longer I can stay in company quarter. my father-in-law and brother in law both are working in a good company and earning good salary and they have their own quarter.since they are now allowing me to get the possession and creating problem  for me.

2. Till now I haven’t got any compensation from company as their was no nominee declared by husband . my inlaws are claiming for the company claims. What should be done in this respect? 
3. As I have no source of income and I am asking for job on compensatory basis but there is no positive response from company .kindly suggest what should be done in this respect as I have sent my application and continuously forwarding my reminder to the senior authority . as I have done master in business administration and looking for job in behalf of my husband who was central govt employee.
Please suggest best possible way to resolve my problem.
 

Ans. First, you personally visit your husband's department and fill up the compassionate appointment application and file all the supporting documents- your marriage card, your educational qualifications etc.  The purpose of providing compassionate appointment to the dependent of the deceased is to provide her succour and tide over the financial difficulties which she may face immediately after his untimely death.  If you delay this filing process, you will lose the right to get the compassionate appointment.  Next, about his money lying in the department - salary, PF account and pension account and gratuity amount, etc.  You have to file a separate application along with the documents of marriage - marriage card will do.  In that application, you have to clearly mention that the department shall not release the amounts to anyone excluding you and if they do so, they would be held accountable. You need not to bother that your marriage has not been registered.  In India, till date to prove the factum of marriage, production of marriage certificate is not mandatory. I suppose and you said above that the department refused to release these amounts on the ground that your name has not been entered in their records.  If they refuse, then you have to file a suit seeking succession certificate from the competent court.  In this case you have to make your in-laws and the department as opposite parties.  His mother and you both will get equal shares. Next, in respect of flat write a letter to the owner/builder of the flat asking him to register the flat in your name.  I suppose the entire amount has been paid.  If he refuses (at the behest of your in-laws), then you have to approach the civil court for declaration that you are the owner of the flat and also seeking the direction to register in your name.  Here also, in this flat, your mother-in-law and you will have equal shares.  In this case also you have to make your mother-in-law as well as the builder/owner of the flat as opposite party (defendants).  If you get compassionate appointment and if you have not left the govt. quarter, you are entitled to stay there.

(Credit-Adv.Chandrashekar)

Legal Query on cancellation of gift deed & marriage settlement

Q & A

Q 1. I have three step elder brothers A, B & C. They got a registered gift deed from their mother (my step mother) in 1975 which was actually purchased by my father capital in 1969. B & C given there part share to me vide registered Gift deed in 1985 (I was 3 years old). According to 'C' he was minor (16 years) according to his school mark sheet. Now B & C have filed a Title suit in Court in 2010 against me to kick me out of home. The case is still pending in competent court. The court ordered to put evidence. But I have given preliminary issue settlement petition against time limitation (as 27 years have been passed). I have a notice in Advocate letter head given by 'C' in 1989 to father regarding to cancel the gift deed. And after that no case has been executed. But in this case he is saying that he had no knowledge about his gift deed and father has cheated with him. 1. I want to know that is my gift deed can be cancelled ? & 2. Is there any validity of Title suit pending in court ?. Regards, N.J

Ans. Well, a gift deed can be cancelled by the court of law, if it is proved that, there is undue influence or fraud. However, 12 years is the period and the age of maturity ie 18 years, is considered to be crucial after any transfer of property, where a minor is involved.

In your case, your step brother B & C, gifted you the property. I can help you with the points you can use to fight your case, as giving mere legal opinion is not possible unless all documents are verified.

1. Since they were minors at that time, some elder must have signed on behalf of them, if not then how can they enter a legal contract?

2. If no action is taken within 12 years of such a transfer, then by adverse possession, you become the owner.

3. The said gift was not induced by you either by undue influence or fraud.

Based on the above, you have chances to win the case.

Q 2. My spouse is in India and working with Company and earning a handsome income. I have move to UK and she is refusing to join me and her father is asking 30 lakhs + car + jewellary as an alimony. Please advise should I fight the case as she is masters and working or should I give alimony for mutual settlement ?  RS

Ans. Settling issues mutually by mutual consent is always advisable rather than fighting in the court. As rightly understood by you, if you do not subject to her demands, she might file all sort of criminal cases against you like 498 A, DV Act etc. to get what she wants.  Which will delay your divorce, increase your expenses and probably put you in a negative bracket harming your USA residency.

Why not try and negotiate. Take help of near and dear ones or some good mediator or a marriage counselor. As advised above, do not aggravate the issue or allow others to control it.

SC says woman living with a man can claim maintenance though he is married..Report Deccan Herald.

Wife's refusal to physical intimacy ground for divorce, says Delhi Hgh Court, report DH dt:15 Oct 2013

Legal query about child visitation rights, coparcener, right in ex-wife's property, slander in court cases

Q & A

Q 1. My mother got married in 1982.My mother has one younger brother and one younger sister. My grandfather bought property (2 storey building) and kept on my grandmother’s name. After that my grandmother died in 2001 and my grandfather died in 2005. No property distribution happened till date. Now my mother's brother want to sell the property, the question is how can my mother claim on this and how much she get the share. I heard Hindu succession act amendment 2005 gave powerful powers to daughter to include as coparcency. So please help me whether my mother can get claim on her mother's property even though she got married in 1982. Regards, LN.

Ans. Your uncles cannot sell your grandparents property without your mother's signatures. By virtue of birth in this family she becomes a coparcener in the family property and has an equal right in the property. The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005 and along with rights she takes liabilities in the same manner as the son. So your uncles cannot sell the property without her joining the deed of sale and denying her a share.

Q 2. In a Court Proceeding, the respondent uses words like “Crooked”, “Cunning”, etc. and phrases like “The plaintiff keeps roaming in the Court for the whole day” against the plaintiff, instead of replying to the issues in question. What civil / criminal action can be taken against the respondent? Pl guide along with the relevant Law / Sections. K RS

Ans. Well, when parties make allegations during a court case, you definitely must object to it, but no civil or criminal action can be taken immediately. The logic behind this is, if parties are allowed to take action, the Courts would be flooded with such cases than any real substantial issue of dispute.

Q 3. If the wife passed away and husband marries again, does the husband have the right on his ex-wife's property? The ex-wife has kids. Please advice. –XN.

Ans. Your query is very short, but not complete. You have very vaguely mentioned the facts of the case. I am considering you have divorced your 1^st wife and remarried. But you have not mentioned the terms of settlement of your divorce with your 1st wife. Whether there is a mention of any financial settlement in this divorce. Also about the kids, considering they are from your 1st marriage, then in whose custody are they at present? Is it her or you? If they are from her then they will have a right in their mother’s property, but you may not have such a right, owing to your remarriage to another woman.

Q 4. Wife has filed for divorce. I have filed RCR. 1 year old son in her custody. I’m filing for interim visitation u/s HMA 26 on next date. I was meeting my son & wife (before she filed divorce) regularly up to his age of 3 months & could not meet after she filed divorce. I really love my son. I fear that my wife's lawyer is a big liar. So she will definitely lie in argument the I have never met my son since his birth & I never cared for him, I neglected him 7 now I’m asking for visitation jus to harass my wife. He had similarly lied in HMA 24 argument. So how can I give some documentary proof along with May application to show that I was regularly visiting my son before case & I genuinely love him? Please advise. Thanks

Ans. Courts will not believe whatever the advocates and their clients plead or argue.  They rely on pleadings and documentary evidence. The courts also know in certain circumstances even documentary evidence cannot be presented due to the peculiar nature of issue involved. In your case, even though you do not have any documentary evidence or have not sent any amount either to your wife or just one year child, then also, it does not indicate that you have no love towards your child.  So, visitation rights cannot be denied on this ground. But do send first year's birthday gift to your child and also make efforts to enquire about your child, which would be helpful to you in your custody litigation.

Query on employer - employee relationship

“LEGAL ANGLE”

Q & A

Q1. I worked in a MNC BPO  for 13 months. I joined this organization on 24th Nov 2011.

During Jan 2013, I was selected for an  IT job and it was an immediate joining job. So on 4th Jan 2013 I informed  my manager and HR about my spot resignation.

As per things given in my appointment letter I have to serve notice period of 30 months or pay one month basic salary.

They asked to serve notice period of 30 days but I was ready to pay one month basic salary and serve for 15 days.They said 'NO'  and they will take my case as an absconding case. I did not have any idea and I returned my ID card, locker keys and just I left the company informing all(but not through mail).

Till now I have not received any of the following letters from them.

1. General letter enquiring about the reason of absence
2. Serve notice period
3. Warning letter
4. Termination letter.

Is it possible to get relieving letter legally? I know I am too late as it crossed 9 months.  - KS

Ans. Your decision and action has been quiet unprofessional. You are bound by the terms and conditions of the offer letter. If you have defaulted to observe them, then what better you can expect. You are lucky enough, that your company has not taken any legal action against you, please try to speak to your HR department, if you think it is safe enough and request them to issue letter. Legally you may not have any right.

Q2. I work for small organisation with only CEO as my reporting manager.and few employees with no HR department.
My manager went onsite and told me to take pay less leaves for approximately 3 months till he come back. I agreed as I was the only employee in office and others had gone to client location. .and I resigned when he is onsite giving personal reason and now he is telling me he is not giving me confirmed relieving date.

He is asking me what your future plans are. If you leave the job its loss to the company. I am ready to pay 2 months CTC even though he has not paid my last 2 months salary.

As per offer letter I have to serve 2 months’ notice or pay CTC also I am eligible for annual bonus, which he is denying to pay.
I don’t require money, I just require relieving letter.

He is not replying anything. Just delaying. -K RS

Ans. Well till date, there is no law in place which will regulate the employer – employee relationship within a company. Many companies are one man show, do as they wish and act on their whims. To add, if your action is unwarranted and affects the business of the company, then you must face the music.