Acceptability of an affidavit from a 1st class Judicial magistrate
Acceptability of an affidavit from a 1st class Judicial magistrate
If someone has an error in his father's name in educational documents but it's rightly recorded in his birth certificate. Can an affidavit before a 1st class magistrate be accepted as a valid documen
1 week ago
A. Dear Client,
To legally change your name or surname, you need to follow a specific procedure. First, create an affidavit stating the facts of the name change, preferably sworn before a 1st class Judicial Magistrate or Executive Magistrate. Then, publish a notification in the Gazette of India and two local newspapers. Next, prepare a name/surname correction deed, including old and new name/surname details, on an appropriate stamp paper and notarize it with two witness signatures. Finally, submi ...ReadMore
Defamation
I made a comment to a post on a person's self facebook wall on 13.04.2024. My comment on the post was defamatory for the said person. Although my comment was true but it can be proved by documentary e
1 week ago
A. Dear Client,
Your remarks on social media, whether direct or indirect, can harm someone's reputation and lead to a defamation lawsuit against you. In a civil defamation case, the defamed individual can file a suit in either the High Court or subordinate courts to seek monetary compensation from the accused, as per Section 499 of the Indian Penal Code.
Money fraud done by brother
My brother and my parents have taken money from me. They took loans on my name by emotionally and physically harassing me and told me they will return. My brother stole my cards and bought things. No
1 week ago
A. Dear Client,
If you have experienced domestic violence, you have the right to take action. You can file a complaint at your local police station under Section 12 of the Protection of Women from Domestic Violence (PWDV) Act, 2005. Additionally, you or someone on your behalf can directly approach a Magistrate to seek various reliefs under this Act.
You have the option to make a complaint online through the National Human Rights Commission (NHRC) website or via email to the National Commission f ...ReadMore
Sbi account put on stop by cyber security
How to activate account put on stop by cyber cell
1 week ago
A. Dear Client,
Section 457 of the CrPC allows a Magistrate to decide whether to release frozen funds in cyber scam cases. The police may ask the victim to provide a bond promising to repay 1.5 times the refunded amount to the bank if their claim is false or if other claims arise. After the victim files a petition under Section 457 CrPC in the local court, and the court orders the release of the frozen money, the Investigating Officer of the Cyber Cell will coordinate with the banks to refund the ...ReadMore
Can I file quash petition in High court
My wife has filed a DV case in 2020, can I file petition in High court to quash DV case now after 4 years
1 week ago
A. Dear Client,
There is no specific timeframe mentioned for submitting an Application under section 482 of the Cr. P.C. However, it is generally expected to be filed within a reasonable period, typically within 90 days. Consequently, after four years have passed, it is now considered barred due to exceeding the limitation period.
Apartment association members sending false notices
Apartment association had sent a notice stating with 2 rupee interest on not giving the Painting expenses by delaying a month. It leads to defaming us and they are sending notices that further actions
1 week ago
A. Dear Client,
In case of false and malicious legal notices, you can refute it by sending counter legal notice and demand them to stop the false claims and threatens. Further, if the issue escalates, you can also take a legal action by filing a civil suit against the apartment association for the charges of harassment and defamation.
Hope this helps.
Thank you.
Hiring of professionals as executor of a will
A professional executor actually appointed for execution of will after testator's death needs to be paid from the date of mentioning the name as an executor in the will ??? Does payment to executor s
1 week ago
A. Dear Client,
The will can be executed only after the death of the testator in favor of his/her heirs. The testator may himself appoint a executor and mention the payment fee to distribute the property and its proceeds among the heirs. In absence of it, the Court may appoint an executor for the same. Further, the executor is entitled to the payment with respect to the duties discharged by him in accordance with the terms of the will. This payment fee can be determined by the probate judge. It can ...ReadMore
Property share
My grandfather had died He has been survived by his wife , two sons and two daughters out of which one daughter had died . Would her daughter get property shares or not We are muslims , in state of W
1 week ago
A. Dear Client,
Yes, according to Muslim law, the deceased daughter is also entitled to the shares of the property. However, in presence of sons, the share of daughters is half of that of the sons. Further, the property of the deceased person can be devolved upon the heirs only after fulfilling the primary duties of the deceased such as his funeral expenses, debts, wages, etc.
Hope this helps.
Thank you.
Not served the full notice period
Sir, in my previous, I have to serve 30 days notice period, but due to some details I am not able to serve last 5 days in my notice period. By showing this reason my company was rejected my FNF settle
1 week ago
A. Dear Client,
The Company is not allowed to withhold your Full and Final Settlement amount after the resignation. However, they can deduct a amount proportional to the unfulfilled portion of notice period from the FNF settlement amount. In no way, the company can reject the settlement in this situation. In order to address the default, you can send a legal notice to the company and demand for the recovery of settlement amount. You can also file a complaint before the State Labour Commissioner re ...ReadMore
CCTV camera on common areas of an apartment
One of the tenant who is in renting installed CCTV without the consent of the other residents of the apartment. We don’t have any association registered but we feel that he is invading our privacy o
1 week ago
A. Dear Client,
Common areas in a housing complex are usable for common purposes by all the residents of the building. Installation of CCTV in common areas for security purposes does not in any way invade the privacy of inside parts of individual flats. An individual resident can install a CCTV Camera near the main door gate for security reasons. Your objection or protest does not hold good even in litigation because you have to prove what kind of privacy you want in a common area or place other th ...ReadMore
