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iprStart a Discussion on Intellectual Property Law (IPR) of India (any of one can also ask question in this page and any one can answer it)


37 Responses to “Discussion Forum on IPR”

  1. K Mishra

    Hello Everyone…

    Request your help for the below query.

    A company named “XYZ” is engaged in reselling of paints and manufacturing products.
    The company engages one service provider on principle to principle contract basis, to paint the houses of customer on request from them, whereby the company passes the leads to the service provider, and it buys its own materials separately and raises invoice of its own. The VAT & Service Taxis duly collected by him and remitted to the government treasury.

    Now, the company in return share the profit earned by the service provider,and reimburses all the admin expenses.

    Since the company is not directly involved in sale/purchase of any kind of materials , is there any kind of liability that arises out of the said agreement, only because of the fact that the service provider uses the trade name of “xyz” to generate business? Although in the agreement the service provider is not permitted to use any such IPR rights for their own benefit.

    Please share your views.

    Reply
  2. ninad p choksi

    my agriculture land is caotured by ileagle tanents….with a help of currpted govt. officers they are owner of that land how can i get my land back…?

    Reply
  3. tejasgokani910@gmail.com

    Hello., I am greatly worried about this. I don’t know what to do in this situation – My grandfather expires in 2001. He has 4 sons and 2 daughter. My grand mother is still alive. An 1 home in city, 1 Home in Village and 1 Shop in city – These properties are registered as my grand father’s name.
    Now My daddy and his bro’s were in village. All 4 bro’s are businessmen. Then after my daddy came to city. And all money that they earned were in village. Now After some years my daddy bought an new shop. And money for that shop was given from that village’s money. My daddy registered Shop by his name. Now they are not giving any money so my daddy is not able to do business. Money worth is very big. And we are living in my grand father’s home. My daddy told them to do partitions. But they are not giving us positive reply. All 3 bro’s are doing bad things. Might be they want all property and money. Many times they do things that is not tolerable. They try to hit my daddy. Come to home And in front of my Mom he gives bad words. we told many times do partitions but he is not doing and shouting and doing many other things. What should we do???
    My daddy doesn’t have any written thing or proof about village’ money. So what will be your best advice.
    ANd my daddy has 1 shop so in partition should my daddy need to put it for partition or not?

    Please give me suggestions. I am in tension That what to do. In any cost we need to do partition. Because they are giving warnings. I am having 1 audio recording – In that they given many bad word to us.. And also i captured photos of injuries that my daddy got. They hit my daddy also..

    Please give me suggestions Thanks in advance

    Reply
    • ajai jain

      You can file police complaint on the rude and inappropriate behavior of your uncles and engage a lawyer to serve notice on them to force for partition which is your legal right but remember your grandmother will also get her share in this as per succession law.

      Reply
  4. Rishi Sharma

    Hi Sir

    I am working with MNC company from last four years and we do ten hours shift, but according to law we just have to complete 8 hours shift and if we do two hours more work everyday, we don’t get extra money for it, is it something like companies have some agreement with government policies or we should lock the complaint against this issue?

    Reply
  5. Arun

    We have been forced by autodesk to buy five licenses of AUTOCAD in 48hrs, they are claiming that we are using illegal software but we are not. As a small company we can’t buy five license and we don’t need too. So please suggest a way to solve it and what are all the implications we may face legally as per Indian intellectual law if we failed to purchase new licenses

    Reply
  6. JITENDRA SRIVASTAVA

    I have a Land in Uttar Pradesh and Land Registry had been made on 1989.
    That Registry had been done only 4 Dismal but Possession area is 16 Dismal since registry time. Mutation has been done from 1989. That area has been possessed on the basis of Boundaries, which is mentioned in sale deed. Now I want to sell my whole Land.
    Kindly advice me how can I sell whole Land when registered area is only 4 Dismal?
    But Boundaries is mentioned and now till date no any dispute has been arisen.
    Need your advice.
    Thank you very much for your priceless advice.

    Reply
  7. srinivas nanda

    my question is I want to start a play school by name “D P S play School”. After registering a society name “Delhi Public School Play School Educational society” in south india . will i has to face any legal problems please advise me.?

    Reply
  8. srinivas nanda

    my question is I want to start a play school by name “D P S play School”. After registering a society name “Delhi Public School Play School Educational society” in south india . will i has to face any legal problems please advise me.?

    Reply
  9. vijay

    Hallo,

    My Grandfather had a property (house) and my Grandmother had a property (house), My grandfather and grandmother had died. they had two sons son1 has two sons and one daughter, son2 has one son. I want to know how the property will be shared of my grandfather and grandmothers.
    whether i can claim from my grandmothers property. pls tell me
    thank u

    Reply
    • Dharmendra Kumar

      Hi Vijay,

      I run a law firm in New Delhi in the name of Lexis Juris Legals Pvt. Ltd. In case, you need any legal assistance, let me know, I would be pleased to assist you.

      Reply
  10. Sunil

    Sir/Madam,
    I have plan to purchase 2BHK Resale flat in Bangalore. My query is land is registered under B-Khata in-case if i purchase flat do i face any legal problems in future? and some banks are not agreed to give loan for B-Khata sites. Please guide me

    Reply
  11. amit

    I had made a sale agreement for a shop on 100 Rs stamp paper which is notarised. and made a cash payment .Is this money recoverable in case of sell does not give me the shop.
    thanks

    Reply
  12. RAJ KUMAR

    SIR, I BOUGHT A REISDENTIAL ONE MARLA PLOT ON GPA IN 2002 IN 1 LAKH RUPEES. NOW AFTER COMPLETION OF TEN YEARS OF ALLOTMENT OF PLOT THE GPA STAND EXPIRED. I WANT TO TRANSFER THE SAME PLOT ON MY WIFE’S NAME. BUT THE ESTATE OFFICER AND TEHSILDAR WANTS A AFFIDAVIT ON BEHALF OF ALLOTEE THAT HE/SHE HAS NO OBJECTION IN SUCH TRANSFER. BUT THE PROBLEM IS ALLOTEE IS DEMANDING 12 LAKH RUPEES ONCE AGAIN AS MARKET VALUE OF THE PLOT FOR SIGNING SUCH AFFIDAVIT. I NEED UR EXPERT ADVICE. THANKS

    Reply
  13. venugopal

    I want to start a restraunt in Mumbai. What are the leagal formalities required to start the buisness can you pleae let me know what all permissions I need to take to start the buisness

    Reply
  14. aashi

    My dad has purchased the house in 2004 in kalyan, at that time he has not registered the house because the house was from govt. quote,as the owner was the govt servant so he cannot sell the flat( paid full amt of falt to the owner). So, we had done the agreement on power of attorney which was notarize . Now we want to do the registered the flat, but the owner & nominator ti no more in this world.So can we registered the flat on the basis of notarize power of attorney

    Reply
  15. Syed

    Dear Sir,

    My father bought a land 12 years back, he has registered and all documents are original and only the mother deed original is missing.

    I want to know about the authorization the photocopy of mother deed, as we have lost it. only the previous party is serviving as of know.

    Can we put authorizatin seal on all pages and get the previous party signature, it will hold good.

    Please suggest me.

    Thanks in advance.

    Reply
  16. Rekha m

    Dear All,

    Please suggest that there is any value for release deed in joint property still the loan is continuing in both the owners.

    Please inform us.

    Reply
  17. Jay Narayan Singh

    Hi,
    Can anyone give me a legal advise in criminal case.the case details are that the culprit is punished by district court under act 323,324,504,506,426&307. now this is pending in high court.Now opposition party & punished party are compromised & living together friendly. So opposition party wants to cancelatin of punishment of culprit now. I want to now that if opposition party submit a punishment cancellation application in high court. then is it will be possible the court will accept this he will cancel the punishmet. If under any law it is possible kindly point out the act for me.

    Reply
  18. JITENDRA SRIVASTAVA

    DEAR SIR
    THIS IS REQUESTED TO ALL OF YOU KINDLY GIVE YOUR VALUABLE OPINION REGARDING PROPERTY CASE ON THE BASIS OF FOLLOWING GROUNDS,
    1-THAT THE RESIDENTIAL PROPERTY IS SITUATED AT DISTRICT JAUNPUR,UTTAR PRADESH,INDIA AND SALE DEED HAS BEEN MADE BETWEEN THE PARTIES ON 3RD MAY 1989 IN THE NAME OF TWO PERSON.
    2-THAT THE SALE DEED HAS BEEN MADE ONLY FOR THE AREA OF 4 DISMIL BUT AS PER MUTUAL UNDERSTANDING TOTAL AREA WAS 16 DISMIL HAS BEEN GIVEN BY THE SELLER AND SAME HAS BEEN PROVED THROUGH BOUNDARIES WHICH IS MENTIONED IN SALE DEED.
    3-THAT AS PER BOUNDARIES AND PERMISSION OF SELLER AS WELL AS BOUNDARIES MENTIONED IN SALE DEED WHOLE AREA IS IN BUYER POSSESION SINCE 1989 TO TILL DATE WITHOUT ANY OBJECTION OR ANY DISPUTE.
    AS PER AFORESAID GROUNDS SEEKING SOME FOLLOWING INFORMATION,
    1-HOW CAN BE LEGAL OWNER OF THE WHOLE PROPERTY AS PER UP LAND ACT?
    2-CAN WE SELL THE WHOLE PROPERTY LEGALLY?
    KINDLY GIVE YOUR VALUABLE FEEDBACK AS PER CASE
    WITH REGARDS

    Reply
  19. N. Sathya bama

    hi. i am having one doubt please clarify it. settlee died without issues. whether property revert back to settlor who is the only legal hair? should she mention about earlier settlement when she is making a new settlement in favour of her brother son?

    Reply
  20. TARGEN

    My mother has sold her house to me say about 5years back through Registered sale deed ,i made the payment through cheque & the details are mentioned in the registry, can my sister (1st daughter of my mother) claim her right on such property.

    My mother is still alive & living in the same house which she sold to me.

    My mother is a retired Govt.servant.

    “……..my father had a house in gurgaon ,which he purchased by his own money & after his death the property transferred in my mother’s name (at that time me & my sister were minor) after some years she sold gurgaon house (At that time my sister was major & married) & purchased a house in Delhi .”

    now i am the legal owner of this house (Delhi), can my sister go to court for her claim in such property.
    if yes then what more documents should i take or sign from my mother to avoid any harassment in future………..plz guide me.

    Reply
  21. rutu

    Hi,

    my husband & me staying abroad. my husband has house in village (in maharastra).
    at present in this house husband ‘s aunty & husband niece is staying for education. my father-in-law goes to village in this house after evey three months.

    land & house is in the name of husband. we have all papers.

    i want to know can husband aunty & husband niece can claim on his house or can they tranfer the house on their name

    thanks

    Reply
  22. sean

    I have some agricultural land in Hyderabad, India and I am in USA. Some family members are trying to sell it, cash it and keep it for themselves without thinking of giving my share in it. I am not in a position to visit India currently. Is there anyway I can appoint my Uncle as “Power of Attorney” to deal with all the sale/transfer of ownership process of the land?

    What is the procedure to execute the Power of Attorney from USA in favor of my uncle who is in India?

    TIA

    Reply
  23. Suresh

    Hi All ! I am not sure whether this is the right forum for my question but I did not find anyother forum matching my scenario. Please guide me if my question is not relevent for this forum and please also suggest me the right forum.

    Few days before I was told from my friend about a web site where anyone can do business and get return up to 13%. The business is –

    you have to pay some money (Minimum) to that web site and you will be provided a user name and password.

    With the User nam and password you must login to the website everyday and watch 20 advertisements. Each advertisement will be of 30 seconds. When you do so, the web site will credit 10% of money that you paid (i.e if you have paid 10000 you will be credit 100 perday if you watch the advertisement and this amount varies based on the amount that you pay)

    You will be allowed to do so for 180 days and if you calculate we will the paid money in 100 days and remaining 80 days money will be your profit.

    My question is
    1. How to believe or check whether this web site is legal web site or not. The main office of this website is located in Anna nagar, chennai.
    2. How to check the security for the money that we are paying to this web site.
    3. Is this is a legal business?
    4. What are the other checks that I have to do before doing any business with them

    Please advice
    Thanks
    Suresh R

    Reply
  24. Gunjan

    yes, this will be a valid ground for eviction and can be treated as BONAFIED REQUIREMENT OF THE PREMISES FOR SELF USE. you can proceed it in corrobation with stating that that shop could be the only source for livelihood, attached the feelings of your family.

    Reply
  25. sarangi

    Sir,

    I have a legal query

    May 7, ministry of industry and commerce has issued a notification . Asst contollers in the Patent office ,Government of India have to discharge the functions of examiners .Actually Asst controller post is a promotion post of examiner post. by this notification govt is asking those who are doing the functions of promotional post to do the functions of lower post. And govt notification is not clear whether they have to carry out examiner function as an additional responsibility?

    whether it is legally correct?to ask a superior officer to discharge the functions of lower cadre.

    But unfortunately, Controller General who administering Patent office, issued a office circular based on the above notification. half of asst controller to discharge the functions of Controller and half of the asst controller to discharge the functions of Examiner. These converted examiners have been asked to report to above mentioned Controllers.

    whether this action of Controller General is legally correct? he is partially followed the notification issued by the government of India by converting half of the Asst controllers to Examiners with out following any seniority.

    Reply
  26. ramya

    actuall me and my inlaw purchased one property in our name.for me my parents gave money. for in law she sold old house and brought. in law had one son and dau. Son and dau gave concern to change the name to mother from his father after his death. Now son claimed money from this property or threataning to seal the property. since he is a drunger he told file a petition against this new property. In this circumstances what i can do?

    Reply
    • Lalit K Jain

      We request and appreciate you. We are running a law firm by the name “LJ & Associates” and is headed by me.

      Please find in attach my profile for your any further issues and will be great to help you out.

      Thanks & Regards,
      Lalit K Jain
      B Com, LLB, LLM, MBL, MBA
      LJ & Associates
      Advocates, Consulting Lawyers & IPR Attorneys

      Reply
  27. ricky

    Hallo everyone.

    I have a one question about my grandparents proerty in India. My grandfather died in 1978 in India withoud make any WIL about his property. My father and my mum have been look after for this property about more than 15 years. My dad has 4 brothers (2 chacha and 2 tayaji) and has 3 sisters (my bua ji). My dad has past away about 2 years (2007) ago. Now I need some finance hulp to start my own business. But I don’t what how I have to talk about the property of my grandparents with my uncles. My one uncle is agree to sell that property and divided the money with all 5 brothers (inclu me instead of my dad). But my 1 of 3 aunti’s claim to get that money as wel. And another 2 brother (taya and chacha ji) don’t want to sell the property. They all actually wel setteled in England. They have now enough money. But we need really finance help in this economic circumstances

    Can someone tell me what MY RIGHT are and Can my aunties (my bua’s) claim on the property?

    Thank you very much for your help.

    Ricky

    Reply
  28. SHAAN

    We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?

    The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn’t take the case. After that we did the case only for increasing the rent.
    My Father has the property on his name & he has two sons one is me other is doing Job. So, Can any body advice on this case.

    I have posted the same question on other forum where i get the following responses:

    Your Father along with you can file a case For the Eviction of Tenant only on the ground of ” BONAFIED REQUIREMENT OF THE PREMISES FOR SELF USE”.

    Consult your Lawyer, with all the documents an discuss with him about Bonafied Requirement of the premises:

    For your Father, require the premises to start his own business : {But before to file show documentry proof to start business, any document: application of loan for business, or document of existed business if any etc,}

    For You, require the premises to start your own business : {But before to file show documentry proof to start business, any document: application of loan for business, etc,}

    Kindly help on this one if above advice is right can my father file a case on such manner that his both sons have no other work to do and they want to work in the shop so, i need to vacant the shop. Will this be treated as Bonafied Requirement of the premises?

    Reply

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