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Arawind (i)     01 August 2014

legal separation

Dear learned members, I am a Central Govt. Employee posted far away from home town . My parents suffering from old age ailments stay all alone at home town. I have one younger brother who doesn't look after my parents or visit them and stay at a distant location. I had applied for posting to home town on compassionate grounds to look after/ support my ailing parents stating said reasons but my employer denied the same informing that my application doesn't support any document as per existing policy w .r .t . my younger brother not looking after my parents and also stay separately . Policy states that I should submit a LEGAL SEPARATION CERTIFICATE ( an affidavit signed by magistrate ) which is mentioned as follows : AFFIDAVIT BY PARENTS AUTHENTICATED BY JUDICIAL MAGISTRATE THAT OTHER SIBLINGS HAVE RELINQUISHED THEIR RIGHT ON ANCESTRAL PROPERTY ALONGWITH STATEMENT OF PARENTS. Please let me know how can I obtain this Affidavit/ statements authenticated by Judicial Magistrate and what should be the matter in said Affidavit / Statements. I had already approached a lawyer who said that magistrate does not authenticate such documents and prepared an Affidavit attested by Notary which did not fulfil my requirement as per my employer ' s policy and matter typed was also not as per the said policy. Accordingly, the same got rejected on submission


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 2 Replies

Laxmi Kant Joshi (Advocate )     01 August 2014

Either Your employer is making you a fool or you are trying to make us a very big fool , stateway ask how to grab the ancestral property which is in your fathers name, for your kind information magistrate never authenticate / give / issue any such document which is sought by you and by your employer .

Arawind (i)     01 August 2014

I am not making any fool nor in idea of grabbing ancestral property. The clause is clearly referred in my employer's posting policy of IAF issued vide Air HQ/S 40301/PA II dated 21 Nov 2013. You may please refer Appendix K clause 3 of said policy if available at your end.

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