Legal Questions

Ans.

Yes, a foreign citizen of Indian descent (classified as a Non-Resident Indian or Person of Indian Origin under Indian tax laws) can claim indexation benefit while calculating long-term capital gains (LTCG) on the sale of a residential flat in India.

If the property is held for more than 24 months, the profit is treated as LTCG and is taxable at 20% (plus surcharge and cess). The cost of acquisition and improvement can be adjusted using the Cost Inflation Index (CII), which helps reduce the taxable capital gain.

For example, if the property was purchased years ago at a lower price, the indexed cost increases the purchase value in line with inflation, thereby lowering the taxable profit. This benefit is available to NRIs/PIOs just like it is to resident Indians.

However, buyers are required to deduct TDS at 20% (plus surcharge and cess) on the capital gains when purchasing property from an NRI. If the actual tax liability after indexation is lower, the seller can claim a refund by filing an income tax return in India.

 A foreign citizen of Indian descent is fully eligible to claim indexation benefit on LTCG from sale of residential property in India, provided the asset qualifies as a long-term capital asset.

Ans.

If a company is not paying salary, the employee has clear legal remedies under Indian law. The first step is to send a written reminder or demand notice to the employer and keep records such as appointment letter, salary slips, and bank statements as proof.

If the salary is still not paid, the employee can approach the Labour Commissioner under the Payment of Wages Act or Shops and Establishments Act, depending on the nature of employment. Those in managerial or senior positions can file a civil suit for recovery of money before the appropriate court. In cases where many employees are affected, a collective complaint can also be made to the Ministry of Corporate Affairs.

Non-payment of salary is a violation of employment rights, and in certain cases where there is clear dishonesty, employees may even initiate criminal proceedings for cheating or fraud. Courts generally treat such matters seriously and can order the employer to pay pending dues along with compensation.

 If a company does not pay salary, employees can first demand payment in writing and, if unpaid, pursue remedies through the Labour Commissioner, civil court, or higher authorities, depending on their employment category and the seriousness of default.

Ans.

If the Indian Council of Social Science and Research (ICSSR) or any examination authority fails to check an answer sheet properly as per the prescribed marking scheme or format, the affected candidate has the right to challenge the evaluation process.

Under Indian law, evaluation of answer scripts must be fair, transparent, and in line with the notified scheme of examination. If a candidate can show that answers were not assessed according to the official marking scheme, it amounts to arbitrariness and violation of Article 14 of the Constitution (Right to Equality).

The candidate may:

1. File a representation or appeal before ICSSR or the examination committee, requesting a re-evaluation/re-checking as per the prescribed marking scheme.

2. If no remedy is provided, the candidate can approach the High Court under Article 226 (writ jurisdiction) by filing a writ petition against ICSSR. Courts in India have consistently held that while academic evaluation cannot be interfered with lightly, if there is clear proof of non-adherence to the marking scheme or procedural irregularity, judicial review is permissible.

3. If multiple candidates are affected, a Public Interest Litigation (PIL) can also be filed to ensure fairness in evaluation.

 Conclusion

A candidate can take legal action against ICSSR if the answer sheet was not checked in accordance with the marking scheme or format. The proper legal remedy is to first seek re-evaluation through official channels, and if denied, approach the High Court through a writ petition for enforcement of fair evaluation.

Ans.

If your company in Mumbai has not settled your claim, you have the legal right to demand a full and final settlement. This settlement generally includes unpaid salary up to the last working day, leave encashment, bonus or incentives, gratuity (if eligible), reimbursements, and other dues under your employment contract.

The first step is to raise the issue in writing with the HR or Accounts department and keep proper records such as your appointment letter, payslips, resignation letter, and any email communication. If the company still does not pay, you can issue a legal notice demanding immediate settlement.

In Mumbai, employees can also approach the Labour Commissioner under the Payment of Wages Act or the Shops and Establishments Act. If you are covered under labour laws, you may file a complaint before the Labour Court, while those in managerial positions can file a civil suit for recovery of dues. In case of prolonged service, claims for gratuity and provident fund can also be enforced separately.

You can claim settlement from your company in Mumbai by first demanding it in writing, and if ignored, by taking legal action through a Labour Commissioner, Labour Court, or Civil Court depending on your employment category. The law ensures that companies cannot withhold legitimate dues of employees.

Ans.

Obtaining a legal heirship certificate through the court can sometimes be a lengthy and expensive process. However, there are alternative legal documents that may be accepted by banks, government offices, and other institutions depending on the purpose.

1. Succession Certificate (for debts and securities)

   • Issued by a civil court under the Indian Succession Act.

   • Cheaper and faster in some states compared to a full legal heirship procedure.

   • Useful for claiming debts, bank deposits, insurance, and securities.

2. Surviving Member Certificate / Family Member Certificate

   • Issued by the local Tehsildar, Revenue Office, or Municipal Authorities.

   • Recognizes the surviving family members of the deceased.

   • Often accepted by government departments, banks, and utilities for basic transfers.

3. Registered Will

   • If the deceased left behind a valid Will, probate of the Will (in some states only) can serve as proof of legal rights without the need for heirship proceedings.

4. Nominee Declaration

   • In bank accounts, insurance policies, PF, and investments, the nominee can directly claim proceeds without heirship certificates.

   • However, the nominee only acts as a trustee for legal heirs unless specifically mentioned in law.

5. Affidavit with Indemnity Bond

   • Some banks, companies, or societies accept a notarized affidavit of legal heirs along with an indemnity bond signed by surviving members.

   • This is a faster, low-cost option for transfer of assets like bank balances or society shares.

Legal heirship is not always necessary. Depending on the nature of the asset, alternatives like a succession certificate, family member certificate, nomination, or an affidavit with indemnity bond can be used to save time and cost. However, for immovable property and high-value disputes, a formal heirship certificate or succession proceedings may still be required.