Legal Documents and Agreements | CA B K Goyal & Co LLP

Relieving Letter : Complete Guide with Format and Sample

Legal Documents and Agreements / CA Bhuvnesh Goyal / March 29, 2024

Related Guide Resignation Letter Govt Employee Resgination Letter Appointment Letter Retirement of Director Appointment of Auditor Relieving letter is a type of official document provided to an employee on resignation confirming that he/she has been relieved of duty. Relieving letters are often requested by the new employer to ensure that the employee completed his/her notice period and left the previous employer after completing all necessary formalities. Relieving letters are mostly addressed to the employee leaving the organisation and is provided on the letterhead of the company on the last date of employment. Prior to providing a relieving letter, the employer must obtain from the employee a resignation letter. In some cases, relieving letter could be provided to the new employer confirming that the employee left employment after completing all necessary formalities. relieving letter format What is a relieving letter? Relieving letter is an official document issued to an employee leaving an organisation. It states that the employee has been relieved from their duties & responsibilities by the previous employer after finishing all the required formalities. Typically, a relieving letter is printed on the employer’s letterhead and given to the employee on their last working day. Relieving letter format A relieving letter’s tone should be professional, and the content should be concise. Given that the employer’s name goes into it, the employer should ensure that the document’s drafting is done appropriately. The following are the Details required in a relieving letter Date The issuance date is the first section and it should be written on top of the page. The date can be a piece of critical information in case of any disputes. Employee Information The employee information, along with the name, designation, and department, comes just below the date of issuance. The company’s name can also be provided in this section. Subject This section provides a brief about the letter’s purpose. Salutation In this part, the letter’s recipient is addressed by the first name preceded by a formal salutation. For example, ‘Dear Rahul’. Body of the letter This section captures particulars about the employee’s resignation and the fact that the employer has accepted it. It also includes when the employee tendered the resignation and when is the last day of employment. Formalities and Appreciation Here, the employer assures that the employee will receive the full and final settlement after a particular period. The assurance is followed by thanks and wishes for the employee. Signature The signature on the bottom left of the page marks the end of the letter Relieving Letter Sample 16.06.2024 To, Vishal SinghAddress Line 1,Address Line 2,City, State, PIN Subject: Relieving Letter Dear Employee Name, This is in furtherance to your resignation letter dated 01st April 2024 wherein you had requested to be relieved from your services with effect from 30th May 2024 after serving 2 months notice period. We wish to inform you that your resignation was accepted and you are being relieved from your position of Senior Associate with Company Name with effect from 30th May 2024. Your full and final settlement would be processed and credited in the next 45 days to the account provided during your employment. We appreciate your contributions to Company Name and wish you all the best for your future endeavours. Regards, For “Company Name” HR Manager Download Relieving Letter Sample PDF Download Relieving Letter Sample Word Relieving Letter Request An employee may request its employer for relieving letter after termination of his employement or his resignation. A relieving letter helps the employee in maintain his own records and also in many cases, relieving letter from the old company is being asked by the new employer at the time of joining a new job. In case the previous employer did not issue the relieving letter then the employee can request the same from the HR of the Company. The format of such Relieving Letter Request Application is as follows: Relieving letter request format Date: 16.06.2024 To,Shekhar Sharma,HR Manager,Name of the Company Subject: Request for Relieving Letter Dear Sir, I am writing this letter in order to request you to issue me my relieving letter. I resigned from the organisation on 01st April 2024. The notice period of 2 month has also been served by me and my last working day was on 30th May 2024. I have also completed all the formalities. I have worked for your organisation for 6 years with utmost sincerity and dedication. Thus, I would be very grateful if you can issue my relieving letter along with the final settlement of my dues as soon as possible. I shall be joining the new company on 1st September 2024 and need to submit the documents at the time of joining. I, therefore request you to do the needful at the earliest. Thanks and regards, Signature Rahul Jain Download Relieving Letter Request Format PDF Download Relieving Letter Request Format Word FAQs Is a terminated employee eligible for a relieving letter? Yes, a terminated employee also receives a relieving letter, but it clearly mentions the reason for departure as termination. Can an employer deny a relieving letter? Yes, the employer can deny relieving letters based on an employee’s misconduct or other similar issues. The employer should provide relieving letters to the departed employees in all other cases. What is the difference between an experience letter and a relieving letter? An employee’s resignation is accepted in the relieving letter, and the last working day is mentioned. An experience letter, also known as the service certificate, details an employee’s name, designation, gross annual salary, date of joining, date of leaving and the kind of experience an employee has had. Although, some companies only give a relieving letter and club the details of the service certificate in that itself. Is it compulsory to issue relieving letter No, it is not compulsory to issue the relieving letter. It depends on HR policies of the company. Though it is recommended that the same should be issued as it will be helpful for both employee and the company for their record purpose. In case you

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Valid Contract

Introduction Contracts are the backbone of any business transaction, serving as the foundation for agreements and ensuring parties’ rights and obligations are clearly defined. Whether you’re engaging in a simple purchase or entering into a complex partnership, understanding the concept of a valid contract is essential. In this blog post, we will unravel the mysteries surrounding a “Valid Contract” and equip you with the knowledge to navigate the world of legal agreements with confidence. Requirements for a Valid Contract A valid contract is a legally binding agreement that is enforceable by law. For a contract to be considered valid, it must fulfill certain requirements, which we will explore below: Offer and Acceptance: The first step in the formation of a contract is the existence of a clear offer made by one party and accepted by another. The offer sets out the terms and conditions of the agreement, while the acceptance signifies the other party’s agreement to those terms. Remember, silence or inaction does not usually constitute acceptance. Intention to Create Legal Relations: For a contract to be valid, both parties must intend for it to be legally binding. Social or domestic agreements, such as casual discussions among friends, generally lack this intention. However, business transactions are typically presumed to possess this legal intent. Consideration: Consideration refers to the exchange of something of value between the parties involved. It could be money, goods, services, or even a promise to do or not do something. Consideration ensures that both parties have something at stake and adds validity to the contract. Capacity to Contract: To create a valid contract, all parties involved must have the legal capacity to enter into an agreement. Minors, individuals with a mental incapacity, or those under the influence of drugs or alcohol may lack the necessary capacity. Free Consent: Consent must be freely given by all parties without any undue influence, coercion, or fraud. A contract entered into under duress or through misrepresentation is not considered valid. Legality of the Object: The object of the contract must be lawful. Contracts involving illegal activities, such as selling prohibited substances, are void and unenforceable. Contract – An Outline To gain a better understanding of the structure of a contract, let’s outline its key components: Introduction: The contract begins with an introductory section that identifies the parties involved, their roles, and their intent to enter into a contractual agreement. Definitions: Contracts often include a definitions section, clarifying any terms or phrases that may be ambiguous to ensure a shared understanding between the parties. Subject Matter: This section of the contract describes the goods, services, or actions that the parties are agreeing to exchange. Terms and Conditions: The heart of the contract lies in this section, where the specific obligations, rights, and responsibilities of each party are laid out in detail. It may include delivery timelines, payment terms, dispute resolution mechanisms, and any other relevant provisions. Signatures and Date: A valid contract requires the signatures of all parties involved, along with the date of execution. This step signifies their agreement to the terms outlined in the contract. Formation of a Valid Contract The formation of a valid contract typically involves a series of steps, from the initial offer to the acceptance of the terms. Let’s break it down: Offer: The first party makes a clear offer to the second party, stating the terms and conditions of the agreement. It is crucial for the offer to be specific, definite, and communicated to the other party. Acceptance: The second party must express their acceptance of the offer, indicating their agreement to the terms outlined. Acceptance is generally communicated through words, actions, or sometimes even silence, depending on the circumstances. It is important to note that any changes or counteroffers made by the second party can be considered a rejection of the original offer. Consideration: Once the offer is accepted, consideration comes into play. Both parties must exchange something of value, which demonstrates their commitment to the contract. This exchange can be monetary or non-monetary, as long as it holds legal value. Intention to Create Legal Relations: For a contract to be valid, the parties involved must have the intention to create legal relations. In other words, they must understand and acknowledge that their agreement is legally binding and enforceable in a court of law. Contractual Capacity: All parties entering into a contract must have the legal capacity to do so. This means they must be of sound mind, not under the influence of drugs or alcohol, and not minors. If any party lacks contractual capacity, the contract may be considered void or voidable. Free Consent: Consent plays a vital role in contract formation. It implies that all parties voluntarily and willingly enter into the agreement without any form of coercion, fraud, or misrepresentation. If consent is obtained through improper means, the contract may be voidable. Legality of the Object: The object or purpose of the contract must be legal. Contracts involving illegal activities or going against public policy are considered void and unenforceable. It is essential to ensure that the contract’s objective complies with the law. Essentials of a Valid Contract To summarize the requirements mentioned earlier, let’s review the essentials of a valid contract: Offer and Acceptance: A clear and definite offer must be made, followed by the acceptance of the offer’s terms by the other party. Intention to Create Legal Relations: Both parties must intend for the contract to be legally binding and enforceable. Consideration: Something of value must be exchanged between the parties to demonstrate their commitment to the agreement. Capacity to Contract: All parties involved must have the legal capacity to enter into a contract. Free Consent: Consent must be given voluntarily, without any form of coercion, fraud, or misrepresentation. Legality of the Object: The purpose or object of the contract must be lawful. By ensuring these essentials are present, you can create a valid contract that protects the rights and obligations of all parties involved. FAQs about Valid

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Bonafide Certificate

Legal Documents and Agreements / CA Bhuvnesh Goyal / May 8, 2023

Introduction As an essential document that certifies an individual’s identity or status, a Bonafide Certificate holds immense importance in various domains. It is an official document that verifies the individual’s identity or affiliation with an organization. In this article, we’ll delve into the depths of the Bonafide Certificate, discussing its purpose, content, and requirements. Purpose of Bonafide Certificate A Bonafide Certificate serves as proof of an individual’s identity and affiliation with an organization. It is an official document that confirms the identity of a person or organization. This certificate is usually issued by an educational institution or an employer, and it can be used for various purposes. Some of the common purposes of a Bonafide Certificate include: Proof of Identity: A Bonafide Certificate serves as proof of an individual’s identity, and it can be used for various purposes like applying for a passport, opening a bank account, or getting a SIM card. Educational Purpose: A Bonafide Certificate is essential for students who want to apply for scholarships or higher education. It confirms that the student is studying in a particular institution and has a good academic record. Employment Purpose: A Bonafide Certificate is also required by employees for various employment-related purposes like applying for a loan, getting a salary certificate, or availing leave. Content of Bonafide Certificate The content of a Bonafide Certificate may vary depending on its purpose and the institution or organization that issues it. However, the following information is generally included in a Bonafide Certificate: Name of the Institution or Organization issuing the certificate. Name of the individual or organization to whom the certificate is issued. Purpose of the Certificate. Duration of the affiliation or course. Details of the course or program (in case of educational certificates). Date of issue. Signature of the authorized signatory. Documents Required To obtain a Bonafide Certificate, certain documents are required, which may vary depending on the institution or organization issuing the certificate. The following documents are generally required: Application Form: The applicant needs to fill out an application form provided by the institution or organization issuing the certificate. Proof of Identity: The applicant needs to provide proof of identity, such as Aadhaar Card, Voter ID, Passport, or Driving License. Proof of Affiliation: The applicant needs to provide proof of affiliation with the institution or organization. In case of students, it may include a fee receipt, a copy of the mark sheet, or an identity card. In the case of employees, it may include a salary slip, a letter from the employer, or an identity card. Bonafide Certificate for Students For students, a Bonafide Certificate serves as proof of their enrollment in a particular institution. It is essential for various purposes like applying for scholarships, obtaining education loans, or availing leave. A Bonafide Certificate for students generally includes the following details: Name of the Institution. Name of the Student. Duration of the Course. Details of the Course. Date of Issue. Signature of the authorized signatory. Bonafide Certificate for Employees For employees, a Bonafide Certificate serves as proof of their employment with a particular organization. It is essential for various purposes like applying for a loan, obtaining a salary certificate, or availing leave. A Bonafide Certificate for employees generally includes the following details: Name of the Organization. Name of the Employee. Designation of the Employee. Duration of the Employment. Date of Issue. Signature of the authorized signatory. Issue of Bonafide Certificate The process of issuing a Bonafide Certificate may vary depending on the institution or organization issuing the certificate. However, the following steps are generally involved in the process: Application: The applicant needs to fill out an application form provided by the institution or organization issuing the certificate. Verification: The institution or organization verifies the details provided by the applicant and checks if the applicant fulfills the eligibility criteria. Document Submission: The applicant needs to submit the required documents, such as proof of identity and affiliation. Issuing the Certificate: After verifying the details and documents, the institution or organization issues the Bonafide Certificate. Signature: The authorized signatory signs the certificate to authenticate it FAQs What is the validity of a Bonafide Certificate? The validity of a Bonafide Certificate varies depending on its purpose and the institution or organization issuing it. Generally, it is valid for a specific period or until the completion of the course or affiliation. Is a Bonafide Certificate required for applying for a passport? Yes, a Bonafide Certificate is one of the essential documents required for applying for a passport. It serves as proof of identity and residence. Can a Bonafide Certificate be used for employment purposes? Yes, a Bonafide Certificate can be used for various employment-related purposes like applying for a loan, getting a salary certificate, or availing leave. Can an individual obtain a Bonafide Certificate from a different institution than the one they are currently affiliated with? No, an individual cannot obtain a Bonafide Certificate from a different institution than the one they are currently affiliated with. The institution or organization that issued the certificate needs to verify the details and documents submitted by the applicant. Conclusion A Bonafide Certificate is an essential document that serves as proof of an individual’s identity and affiliation with an organization. It is issued by an educational institution or an employer and can be used for various purposes like applying for a passport, obtaining a loan, or availing leave. In this article, we discussed the purpose, content, and requirements of a Bonafide Certificate. We also explored how students and employees can benefit from this certificate and the process involved in issuing it.

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resignation letter format

Legal Documents and Agreements / CA Bhuvnesh Goyal / May 6, 2023

Introduction Resigning from a job can be a tough decision. It can be even tougher to express that decision to your employer in writing. Writing a resignation letter may seem like a daunting task, but it doesn’t have to be. A resignation letter is an official document that is required to inform your employer of your decision to leave the company. It should be well-written, concise, and professional. In this blog post, we will discuss everything you need to know about the resignation letter format. Check Resignation Letter Format Online Before we dive into the details, let’s talk about the importance of checking the resignation letter format online. There are various templates available online that can help you create a resignation letter that is professional and polished. These templates are a great starting point, but keep in mind that they should be customized to reflect your personal situation. How to Create Resignation Letter When creating a resignation letter, there are several points to keep in mind. 1. Be Clear and Concise The resignation letter should clearly state that you are resigning from your position. Make sure to include the date of your resignation and the reason for your departure (optional). Keep your letter concise and to the point. 2. Be Professional A resignation letter is an official document, so it should be written in a professional tone. Avoid being negative or critical about the company or your colleagues. Thank your employer for the opportunities you were given and express gratitude for the experience gained during your tenure. 3. Provide Notice Make sure to provide adequate notice to your employer. The standard notice period is two weeks, but this can vary depending on your employment contract. It is important to check your contract or with HR to ensure you are providing the required notice. 4. Follow Up After submitting your resignation letter, follow up with your employer to ensure they received it. This will help to avoid any miscommunication or misunderstandings. Points to Remember When creating your resignation letter, keep these points in mind: Be clear and concise Be professional Provide notice Follow up How to Submit Resignation Letter Now that you have created your resignation letter, it’s time to submit it to your employer. Here are the steps to follow: 1. Schedule a Meeting with Your Employer Schedule a meeting with your employer to discuss your resignation. This meeting can be in person or over the phone, depending on your preference. 2. Submit Your Resignation Letter During the meeting, hand over your resignation letter to your employer. Make sure to thank them for the opportunities given to you and express your willingness to help with the transition. 3. Discuss Transition During the meeting, discuss the transition process with your employer. Offer to help train your replacement or to tie up any loose ends before you leave. 4. Ask for a Reference If you had a positive experience with your employer, it is appropriate to ask for a reference letter. This can be a valuable asset when job hunting in the future. FAQs Q1. Can I resign via email? A1. It is generally recommended to resign in person or over the phone, followed up by a written resignation letter. However, if resigning in person or over the phone is not possible, then an email resignation letter may be accepted. Make sure to follow the same guidelines for professionalism and clarity as you would for a written letter. Q2. Do I need to give a reason for my resignation? A2. You do not need to provide a reason for your resignation, but it can be helpful to explain your decision if you have a good relationship with your employer. Q3. How much notice should I provide? A3. The standard notice period is two weeks, but this can vary depending on your employment contract. Check your contract or with HR to ensure you are providing the required notice. Q4. Can I retract my resignation? A4. It depends on the situation and the employer’s policies. If you have not yet signed a termination agreement, it may be possible to retract your resignation. However, if you have already signed the agreement, it may be too late to change your mind. Q5. What happens after resignation? A5. The employer company go through the resignation letter. In case the employee is valuable to the company then the company may try to negotiate, understand the reason for resignation and resolve the issue to retain the employee. If the employer thinks that the employee should be relieved from the duty then the employer will issue relieving letter to the employee. The employer may also conduct an exit interview in this regard. Conclusion Writing a resignation letter can be a difficult task, but it is an essential part of leaving a job. By following the guidelines outlined in this blog post, you can create a resignation letter that is professional, clear, and effective. Remember to be concise and professional, provide adequate notice, and follow up with your employer. And don’t forget to check the resignation letter format online for templates and examples to guide you. Good luck with your next chapter! 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Rent Agreement Format: A Comprehensive Guide to Executing a Rental Agreement

Legal Documents and Agreements / CA Bhuvnesh Goyal / May 3, 2023

Introduction Renting a property is a common practice in today’s world. As a landlord or a tenant, it is essential to have a clear understanding of the terms of the rental agreement. A rental agreement is a legal document that outlines the terms and conditions of the tenancy. It is a contract between the landlord and the tenant, and it is crucial to execute the agreement correctly. Rent Agreement Format A rental agreement is a written contract that establishes the relationship between the landlord and the tenant. The rent agreement format should include the following details: Names and addresses of the landlord and the tenant Property details, including the address and the type of property Rental amount and payment details Security deposit amount and refund policy Maintenance and repair responsibilities Renewal and termination clauses Other terms and conditions, such as subletting, pets, and smoking policy Rent Agreement Online With the advancement of technology, creating a rent agreement online has become more accessible than ever. Online platforms offer templates that can be customized to fit your specific needs. Here are the steps to create a rent agreement online: Find a reliable online platform that offers rent agreement templates. Select a template that suits your requirements. Customize the template with the necessary details, such as names, addresses, and property details. Review the document carefully to ensure all details are correct. Download and print the document. Sign the document in the presence of witnesses. Executing a Rental Agreement Executing a rental agreement involves signing the agreement in the presence of witnesses. Here are the steps to execute a rental agreement: Both the landlord and the tenant should sign the rental agreement in the presence of at least two witnesses. The witnesses should also sign the rental agreement. The landlord should provide a copy of the rental agreement to the tenant, and vice versa. The landlord should keep the original copy of the rental agreement in a safe place. Terms of Rental Agreement The terms of rental agreement include the details of the tenancy and the responsibilities of the landlord and the tenant. Here are some essential terms of a rental agreement: Rent amount and payment details: The rental agreement should state the monthly rent amount and the payment details, such as the due date and the payment method. Security deposit: The rental agreement should include the security deposit amount and the refund policy. Maintenance and repairs: The rental agreement should specify the responsibilities of the landlord and the tenant regarding maintenance and repairs. Renewal and termination: The rental agreement should state the renewal and termination clauses. Subletting: The rental agreement should include a subletting clause if the tenant is allowed to sublet the property. Pets and smoking policy: The rental agreement should specify the policy regarding pets and smoking. Lease Agreement A lease agreement is a type of rental agreement that involves a long-term tenancy. A lease agreement is typically for a year or more, and the rent amount is usually fixed for the entire lease term. A lease agreement also includes the renewal and termination clauses. Rental Agreement or License Agreement A rental agreement is a contract between the landlord and the tenant, whereas a license agreement is a contract between the licensor and the licensee. A license agreement is typically used when the landlord is not leasing out a property, but rather granting the tenant a license to use the property for a specific purpose. A license agreement is commonly used in commercial real estate, such as for office spaces, retail stores, or storage units. FAQs Q: Is a rental agreement the same as a lease agreement? A: No, a rental agreement is a type of lease agreement, but it is typically for a short-term tenancy, whereas a lease agreement is for a long-term tenancy. Q: Can I create a rental agreement without a lawyer? A: Yes, you can create a rental agreement without a lawyer by using online templates or hiring a document preparation service. Q: What should I do if the tenant violates the rental agreement? A: If the tenant violates the rental agreement, the landlord can terminate the tenancy and evict the tenant. However, the landlord must follow the legal eviction process and cannot take any self-help measures, such as changing the locks or shutting off utilities. Supreme Court on Rent Agreement In the case of Lourdes Society Complex Co-operative Housing Society Ltd. v. Dilipkumar Sashikant Thorat, Supreme Court held that the tenant had violated the terms of the rent agreement by using the flat for commercial purposes, and therefore, the appellant was entitled to seek eviction of the tenant. The court observed that a rent agreement is a legal contract between the landlord and the tenant, and both parties are bound by its terms and conditions. The court further stated that a tenant has no right to use the property for any purpose other than that specified in the rent agreement. The court also held that the landlord has the right to seek eviction of the tenant if the tenant violates the terms of the rent agreement. However, the court clarified that the eviction can only be sought through the legal process prescribed under the law and cannot be done through any self-help measures. Conclusion Executing a rental agreement is a crucial step in the renting process. A rental agreement is a legal document that outlines the terms and conditions of the tenancy, and it protects both the landlord and the tenant. The rent agreement format should include the necessary details, such as the names and addresses of the landlord and the tenant, property details, rental amount and payment details, security deposit amount and refund policy, maintenance and repair responsibilities, renewal and termination clauses, and other terms and conditions. Creating a rent agreement online has become more accessible than ever, and it offers a convenient and cost-effective option for landlords and tenants. However, it is crucial to review the document carefully and ensure all details are

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