Anonymous1
22 July 2014 at 13:07
Has any OCI or PIO experienced harassment from the Dutch (Netherlands) Consul for carrying out the name change due to marriage in their Dutch Passport? I know a few former Indians who have had this problem.
After a lot of investigation and arguments with the Dutch Consul, I discovered a few things that are important in this aspect of law that I would like to share with Indians.
Firstly, the Dutch will tell you that name changes due to marriage are not possible in the Netherlands. This is not true. While name changes due to marriages performed in the Netherlands cannot be processed, it is certainly possible to process name changes due to marriages performed outside the Netherlands, provided certain conditions are met.
These conditions are the marriage must be registered, the application for name change must be requested on the same date as the marriage date, the changed name must be recorded on a certificate in accordance with the local rules of the foreign country and the marriage and name change as well as proof of application as of the date of the marriage must be provided to the consulate.
This stems from the fact that international marriages are not necessarily governed by Dutch Law but by Private International Law which is codified in the Netherlands in the "Commoner's Law Book (Burgerlijke Wetboek)"" Book No. 10, Title 2 - Names, Article 24 which is attached herewith in both Dutch and its translated English version.
Furthermore, the Consul may refuse to provide you with the application form for the name change due to marriage so I have attached that as well.
Best of luck to all who avail of this procedure.
Anonymous
18 October 2011 at 21:06
My Hindu grandfather had a will registered with the Sub Registrar of Assurances for property in the metro area where probate is required. He died 30 years ago. The witnesses and executors to the will have also died. But his will was never probated.
Can it be done now or can I or someone else obtain letters of administration to carry out his wishes or is the limitation period over and this now cannot be done? What does the law say in such cases?
Anonymous
19 August 2011 at 20:44
I would like to share this obscure order titled, "The Foreigners (Report To Police) Order, 2001 which supersedes The Foreigners (Report To Police) Order, 1971 as sometimes even police are unaware of the 2001 order and have charged people under the 1971 order that was repealed. If anyone has such an experience, please share.
Anonymous
18 August 2011 at 22:36
I have a flat in Maharashtra and currently I am posted out of the state and the flat is vacant. Last year the cooperative society had a duplicate key to my flat door made without my knowledge or permission, supposedly for fixing a leak. When I came on holiday, I changed the lock with an imported one whose keys cannot be locally made. Exterior building repairs are to commence and now the society sent me an email asking for my door key in order to remove my flat's kitchen windows to install a partition. No official letter on society's letterhead was sent. I am nervous about my keys being kept by someone else due to adverse possession, etc.
Do I have to legally give my flat door keys to the society? Should I request a letter from the society on their letterhead and obtain an affidavit that they will ensure safety of my flat and key? Or should I refuse them my key?
Thanks.
Anonymous
04 August 2011 at 05:59
Has any Overseas Citizen of India applied for RTI showing the Supreme Court decision attached and gotten a reply for his RTI?
Anonymous
10 June 2011 at 23:53
We inherited property in Maharashtra and possess one unregistered Agreement of Sale executed in 1978 between our late parents and the builder with a Rs. 4/- stamp on it. The society was only formed and registered a few years later. We have no other documents.
Conveyance by builder in favour of the society got registered with the sub-registrar of assurances a few years ago.
Does this mean that the unregistered agreement is in all likelihood a copy and the original agreement having a stamp of Rs 5/- may actually have been registered and that original may be with the builder as it would not have been possible to get society conveyance without all members clearing their stamp duty dues?
Is there any steps we should take to secure any additional documents including copies?
Anonymous
10 March 2011 at 20:15
Dear Experts,
Is an unregistered holographic (handwritten) will without witness signatures recognized in Maharashtra like in some Commonwealth jurisdictions? If not how many witnesses should sign? Should they sign in the presence of each other?
Thank you.
Anonymous
27 February 2011 at 23:45
Dear Experts, I have a flat in Maharashtra and I have been out of station for work. I was telephonically informed by the cooperative society's secretary that the society last year had a key made to my flat when I was away as the flat above mine had a leak and that they had entered the flat to check it. I was not intimated at that time. I have now been verbally asked for permission by the secretary to clean my falt in my absence which I verbally declined. Does the society have the right to make keys and enter my flat in my absence without notifying me?
I have sent the society a registered letter saying no one is to enter my flat without written authorisation in my absence. Should I take further action to prevent unauthorised entry, use and adverse possession.
Anonymous
16 November 2010 at 00:36
Dear Experts:
Was the Foreigners (Report To Police) Order, 1971 ever truly modified as mentioned in the last paragraph of the article here http://svaradarajan.blogspot.com/2001/03/nri-in-house-tell-cops-or-go-to-jail.html ?
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Dutch name change due to marriage netherlands
Has any OCI or PIO experienced harassment from the Dutch (Netherlands) Consul for carrying out the name change due to marriage in their Dutch Passport? I know a few former Indians who have had this problem.
After a lot of investigation and arguments with the Dutch Consul, I discovered a few things that are important in this aspect of law that I would like to share with Indians.
Firstly, the Dutch will tell you that name changes due to marriage are not possible in the Netherlands. This is not true. While name changes due to marriages performed in the Netherlands cannot be processed, it is certainly possible to process name changes due to marriages performed outside the Netherlands, provided certain conditions are met.
These conditions are the marriage must be registered, the application for name change must be requested on the same date as the marriage date, the changed name must be recorded on a certificate in accordance with the local rules of the foreign country and the marriage and name change as well as proof of application as of the date of the marriage must be provided to the consulate.
This stems from the fact that international marriages are not necessarily governed by Dutch Law but by Private International Law which is codified in the Netherlands in the "Commoner's Law Book (Burgerlijke Wetboek)"" Book No. 10, Title 2 - Names, Article 24 which can be found on the internet.
Furthermore, the Consul may refuse to provide you with the application form for the name change due to marriage so I have attached that form here.
Best of luck to all who avail of this procedure.