Abhilash
26 November 2016 at 13:14
Hello sir/Madam,
My name is Abhilash from New Delhi. From my Childhood I had only first name 'Abhilash' in all the documents like 10th std Marks card,PU Marks card, Degree certificates, Ration Card, birth certificate, Bank accounts, voters ID, Aadhar Card. So, while applying for Indian Passport I had to give middle name and last name. So, I changed my from 'Abhilash' to 'Abhilash Bharat Sharma' . I contacted a notary lawyer, did affidavit of change of name and published the name changes in one local and English news papers. After that I went to apply passport and I got passport in name 'Abhilash Bharat Sharma'. I didn't do any procedure after that. With that name change affidavit from lawyer and paper publication i even applied for PAN Card with the new name. 'Abhilash Bharat Sharma'. But, I haven't made any Gazette Notifications from the District authority. I couldn't even changed my name in any education certificates after that. Those still have only 'Abhilash' name. Only passport and PAN has my new name. When I joined my company I couldn't even make new name as official since they consider degree certificates. So, I have 'Abhilash' name in job related documents.
It's been 2 years now, because of family specific reasons I have to Change my name to ' Abhilash Kashyap' . So, I m confused over here. I'm not getting how to proceed with. And I m ready to change the name in all documents to 'Abhilash Kashyap'. Before I'm planning to go for higher studies in abroad. I have to finish this. So, requesting you for suggestions.
Thanks in advance.
Abhilash,
New Delhi
abdul salam
26 November 2016 at 12:52
Respected Seniors,
Please provide me legal suggestion in my following matter
I am seeking your advice for my muslim neighbor who is non drinker/smoker is retired now from central government service. He and his wife are central government servants of same department. Thirty years ago when they applied for a housing loan their employer had asked them to choose one among themselves to get a housing loan as per the government policy of one family one house at that time.. Hence, he gave the option in writing to permit to avail home loan in favors of his wife with no objection certificate. Both have constructed double bedroom house of 550 sft through the housing loan of Rs.110000/-(RS. One lakh ten thousand only) Both have invested their previous savings to complete the work.
This year he has renovated the house by spending Rs 1500000/-( Rs.Fifteen lakhs only) to construct additional two rooms and a car park. He also replaced the entire flooring with latest designed tiles for 1100 sft. Also, painted the entire house including grills ,doors, windows and wall. He has spent half of his retirement benefit funds for this work.
Thirteen year ago his wife has removed uterus with prior discussion with Gynecologist without his prior consultation and consent( all of sudden) at the time of second delivery under pressure from Doctors in operation theatre. Since then, there was a frequent quarrels between them. They are separated in their house under one roof. He said that she has denied him conjugal rights after the removal of uterus. She has also instructed her daughters not to speak with their father and his relatives . That made him to lead a lonely life at home as there is no one to help him when he fell sick. Few years back, he got a severe chest pain. He himself called a AUTO and admitted in to the hospital. The night duty Doctor has done a angio immediately. Two days later he got discharged with some medicine. At this crucial time of his life , his wife and daughters have not turned up to the hospital.
Last week it seems there was a big quarrel again between them and she ordered and shouted at him to leave the house immediately ( as the house is in her name) to enable to hear the neighbour of the entire street .
He came to my house with big shock and narrated the above details. At present he is living with me. I therefore request you to kindly guide me in which way I can help him in right direction to resolve his problem permanently as he is afraid to go there. He says that she will kill him by mixing something (poison) in food. He wants to give her talaq as he don’t wish to live with her disrespectfully anymore. Don’t he has the rights in his house as his wife is claiming it is in her name. He has spent his thirty five years of yearning for them. He says that she has not spent a rupee for him and to the family in thirty five years. He has not asked her salary so far .He says that he do not know to where she has saved / invested her salary .She has not attended a birth, death and any social function from his side relatives so far.
Can he stay in the new portion constructed by him through his retirement funds. How he has to claim his rights on his house. Please clarify and guide me in right direction to help him to resolve his problem smoothly within the four walls of his house.
Shruti Shruti
26 November 2016 at 12:29
we have applied for quashing of false FIR against me on 420 in madras High court.
I went through other proceedings happening there. Looks like they are 2 years old.
WIll that take minimum 2 years to quash my FIR?
And Charge sheet filing is pending in my case.
M Satyanarayana
26 November 2016 at 12:03
Sir,
After preliminary decree, party to partition is supposed to file for final decree along with application for metes and bound and appointment of commissioner. If the application for metes and bound and application for final decree is dismissed for non appearance of counsel and to restore the dismissed petition what is limitation period for such application for restoration and whether it is treated equal to a dismissal of a suit or dismissal of application.
Please kindly enlighten me do I have a right to file for final decree.
Thanking you,
M.SATYANARAYANA
Vianney
26 November 2016 at 11:59
Please let me know the paid and free sites (where search is easy by phrase) from where i can access Supreme Court and other High Courts decided cases.
Jignesh
26 November 2016 at 11:51
We have a partnership firm which is having a registered partnership deed since 1982. The partnership deed simply metions that profit/losses will be shared equally between the partners and partnership is at will. My father who is a partner in the firm with my uncle is now old and week and unable to work due to his health issues. Due to this, My father submitted his reignation from partnership to my uncle last month. Following that an agreement was signed between my uncle and my father on a RS 100 stamp paper with a witness (but it was not notarized). The agreement mentioned that "Mr. X (My father) due to his health related issues has expressed his desire to retire from the partnership firm on 1 st Oct 2016 and both the partners have agreed to dissolve the partnership on 31st October 2016". Also another point in the agreement was mentioned that
A) "After dissolution of firm the property of the firm which is registered in firms name now will be divided between the two partners as per the map attached with the agreement"
B) The loans of the firm will be divided equally between both partners.
And The agreement was signed by both partners.
Now my query is:
1) Now my father is on bed due to his bad health and I have asked my uncle to come to sub-registrar office(Tehsildar) and I will take my father with me so that as per agreement we sign a dissolution deed there and dissolve the firm and divide its property as per the agreement. But my uncle is refusing me to accompany us and sign the dissolution deed in the registrar office. How can I dissolve the firm now as per the agreement? Because I guess based on agreement only sub registrar will not transfer the property of the firm in my fathers name, they need a registered deed.
2) Since this is a two partner firm and in the agreement it was mentioned that both partners have agreed to dissolve the firm from 31st october 2016 so if i am not wrong the partnership as well as the partnership firm is also dissolved by that agreement. My uncle says that he will also not work as properieter after the firm is dissolved but is continously doing the manufacturing operations in the firm after 31st October and also taking goods from suppliers in firms name. What should I do to evacuate my father officialy from this partnership firm and also get the part of the property agreed in the agreement? I am also ready to pay the loans and liabilities of the firm.
mohit
26 November 2016 at 11:01
Respected experts,
I m facing false 498 a, and DV case by my wife in Allahabad, Uttar Pradesh.the case registered 3Yrs before, and Family court mediation was unsuccessful in first two year. Then I took bail for me and my family members. But still Chargesheet has been not filled by the Mhila thana. Please suggest weather I wait or request to the court to bring that charge sheet. If any other suggestions please suggest.
With regards,
Mohit Yadav
yogesh sheth
26 November 2016 at 10:17
Respected Seniors,
Please provide me legal suggestion in my following matter. We are holding a ground floor flat in Kolkata since 1982.Intially the rent receipt was in the name of my elder brother but after completion of agreement term on verbal request of landlord it was changed to my father's name and the tenancy was continued.In 2000 our landlord expired and converted the ownership of building to a trust and appointing her wife,sister and nephew as trustee. In 2001 the said property was gifted by main trustee - wife of landlord to her adopted daughter and son in law with an intimation to us and confirming the tenancy will continue as it is we are pay rent to new landlord.In 2002 my father expired and we requested to issue the rent receipt in name of my mother's and others I.e we 3 brothers as successor but it only issued in my mother's name.Now my elder brother has also expired and the flat is occupied by my mother, widow of my brother and his son .The total area we are occupying is around 625 sq ft super built up and paying a rent of RS 2200/- and increasing the same every 3 Years by 10%.Now the current landlord has sold the building with an intimation to us.Now the new buyer of the building is claiming a rent of RS 12500/- and asking to vacate the position.Since last so many years there is no written time bound contract and even the old landlord has not refunded our security deposit nor transferred. So please suggest me how to proceed to safeguard our tenancy Can he claim such a huge increment of rent after knowingly the rent he has purchased the building. My mother is already 87 years old will my deceased brothers wife can claim tenancy now or after my mother.
Read more at: http://www.lawyersclubindia.com/forum/Tenancy-right-under-West-Bengal-Tenancy-act-144642.asp
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Divorce or No divorce
Respected Readers and Experts.
I am facing the false 498a charges and currently going through the harrassment of CAW cell for visiting again n again even after the mediation and counselling failure. My Counsel suggested me to file the divorce case. Am still not able to take decision on this. As was expecting a result or settelment at CAW cell itself as suggested earlier by my counsel. What should i do ? Should i file a divorce? What about me being framed and harrassed over a year now? Will i really get a divorce? Or should i say that i will not give her divorce and let her plead the same in court? Totaly confused... she is demanding huge money in CAW cell for an MCD. N even the staff is talking in her tone..( dedo paisa khatam karo kalesh yahi pe. Court me saalo lag jayengy) the frustration is what damm money are they talking about? I never demanded any dowry but the girl is actually extorting money .. all thanks to great IPC...feel like killing myself..