icon Single father adoption

What will be the name of the mother on birth certificate and aadhar card of the child if single father is adopting a child.


A. Hi,
The local registrar notified under the Registration of Births and Deaths Act, 1969 (18 of 1969) shall issue the birth certificate in favor of an adopted child on an application filed by the Specialised Adoption Agency or adoptive parents, incorporating the names of the adoptive parents as parents. Please contact a lawyer for further advice.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Sidhaarth  S

Sidhaarth S

icon Property gift deed

Hello, i have a 2 Bhk flat in Bangalore. I want to gift this property to my 3 yr old neice as my sister got divorced recently and i want to secure her daughter future. May i know what is the procedu


A. Hi,
You can execute a gift deed in her favor. Please note that the gift deed should be signed by a minimum of two witnesses and it has to be registered. Please contact a lawyer for further legal advice.
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Ayantika Mondal @ Prime Legal

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Is tax audit applicable in case of F&O transaction

I am resident individual having the following source of income for the AY 21-22 Business income Non speculative loss- 1,00,000 Speculative profit- 20,000 Income from other sources- Interest from FD-


A. Hi,
As an F&O trader if your turnover does not exceed 2 crores you can choose to declare income at the presumptive rate. Under the new clause, an audit is required only if a taxpayer has declared income at the presumptive rate in any of the previous five years but wants to declare losses or income at less than the presumptive rate in the current year, provided his total income in the current year exceeds the basic exemption limit.
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Ayantika Mondal @ Prime Legal

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icon Can two arbitration proceedings permitted for same matter?

Can two arbitration proceedings permitted for same matter?


A. Hello
The principle of res judicata is indeed applicable to arbitral proceedings as also ruled by the Supreme Court. As per the principal of res-judicata a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties in the same court. Therefore there cannot be two arbitration proceedings for same cause of action in the courts of same jurisdiction.
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Sidhaarth  S

Sidhaarth S

icon Can husband evict undivorced wife and adlult daughters from his ancetral home?

My friend's father wants to evict his un-divorced wife and his adult daughters from his ancestral property in Nagpur. He(F) regularly drinks and also physically abuses wife and verbally abuses daught


A. Hello Sir/Ma'am
1. The legal remedy available against such actions of the man is to file a complaint against the person in the police anf file a case for cruelty and Domestic Violence.
2. The wife could cliam maintenance, both for her and her daughter and the man would be liable to pay the same. Also the court could order him to provide residence for them as well.
3. After yhe 2005 amendment in the Hindu Succession Act, daughters have equal share in the ancestral property and she could claim th ...ReadMore

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Ayantika Mondal @ Prime Legal

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Divorce contest - Is there any way I can fight this or is it always women gets higher preference over anything?

Hi, I'm married for 8 years and have a son. Wife moved out of my house and started staying independent near her work and didn't pick calls whatsoever. In the first 6 years we have had issues on vario


A. Hello Sir
It would be advised to file for restitution of conjugal rights. Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ...ReadMore

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Ayantika Mondal @ Prime Legal

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Sidhaarth  S

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Forced to serve 90 days notice period

Hi My current company HR is adamant of not approving my early exit release process citing company policy change. As per details mentioned in my offer letter,I can pay for the unserved notice period


A. Hello Sir
Yes the company has a right to change it's policies without even asking the employees. Although it's is mandatory for them to inform the employees that the HR policy has been changed. But still you could make the company act as per the term and conditions agreed by you and the company in the service agreement while joining the company. If they still doesn't comply then you could surely proceed in the civil court.
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icon Blackmailing

Sir, I had been married for almost 8yrs and have no kids till now . I'n the initial years of marriage everything was nearly OK between me and my wife and we planned for baby after 3yrs of marriage but


A. Hello Sir
There is nothing we could legally help you with in this problem. Although if you want you could file for a divorce. But it would be suggested to contact a marriage counselor and sort your issues out with the help of him amicably, to avoid further complications and save your marriage.
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Ayantika Mondal @ Prime Legal

icon Which ITR form should an RNOR file?

I was residing outside India from 2007 to 2020 and moved to India in August 2020. I have taxable income in India for FY 2020-21. I am aware that since I qualify for RNOR status any income generated ou


A. Hello Sir
Yes you could surely file an Income Tax Return in India.
The ITR-1 form is also called Sahaj form, ‘Sahaj’ meaning ‘Simple’. The form is filed exclusively by a single taxpayer. An individual becomes eligible for filing ITR-1 in the following conditions:
1. If the individual is a salaried employee and not a businessman or an entrepreneur
2. If the individual receives a pension
3. If the individual earns from 1 house property
4. If the individual earns a tax-free income that is ...ReadMore

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Ayantika Mondal @ Prime Legal

icon My husband won't let me live with him

My husband married me two years ago, and left me at my parents house ever since, he refuses to pay maintenance money, he refuses to issue my visa to come live with him even though he easily can, he al


A. Hi,
You can approach the court for the restitution of conjugal rights. A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. If you want a divorce, you can approach the court for that. Please contact a lawyer for further advice.
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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya