Q: I was employed by an Indian software major. The company sent me to the US on condition that I shall not quit until I have served the company for at least another six months after my return. However, I failed to meet this commitment and joined another Indian company abroad. How can I get back my provident fund amount?

Rathin Kumar Basu, via e-mail

A: As per the Employees Provident Funds and Miscellaneous Provisions Act, 1952, any amount due by way of provident fund shall not be liable to attachment under any decree or order of any court. Hence, in spite of the agreement between you and your previous company, you can apply to it for settlement of your provident fund dues. If the company refuses, it can be held liable for criminal prosecution.

Q:I have been allotted a flat in a Kolkata Metropolitan Development Authority (KMDA) co-operative society. Since I opted for outright payment of the provisional premium amount, the KMDA gave me a five per cent discount. Now it is insisting that the consideration amount for conveyance should be the full price and not the discounted price. Needless to say, a higher property value will attract a higher stamp duty and registration charges. Is the KMDA justified in its demand?

Phalguni Bhattacharyya, via e-mail

A: Whatever may be the consideration amount for the flat, the stamp duty incurred by you will be assessed on the market value of the property fixed by the Government of West Bengal.

Q:The owner of a flat in our co-operative housing society died. Before his wife (his nominee) could apply for membership, she too died. The couple did not have any children and did not leave a will. The present occupiers (the member’s brother and sister) have been asked to submit succession certificates. But they claim that no succession certificate is required. Are they right in their claim?

Chairman, AWCHSL, Calcutta

A: Section 80 of the West Bengal Co-operative Societies Act, 1983, says that subject to the production of probate, letter of administration or succession certificate, a person shall be entitled to the possession of the estate of the deceased member if there is no nominee appointed by him or her. Hence, in the absence of a will, the claimants to the estate of the deceased have to obtain letters of administration.