Advocate Nupur Goswami

Questions Answered by Advocate Nupur Goswami

Q: Uncle wants to sell the property through POA when GPA is already done

We have a property with General power of attorney in my uncle and my name.This GPA is not registered till date because it's not done where property Is allocated.Now my uncle wants to sell his share through power of attorney.Is that possible?.If yes than what precaution or legality I have to follow so that there won't be any problem. Thanks

Advocate Nupur Goswami answered
Hi, The sale shall not be considered valid as per supreme court judgment. after 2011 you cannot transfer property without sale deed which should be registered. t is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.

Q: Legal query regarding protection of Copyright

I have written a maths book for college as per university syllabus. Can I protect my work under copyright?

Advocate Nupur Goswami answered
yes you can and you should protect your original work. To protect your work, be informed that work should be original and should not be copied from any other book. if the material is copied from somewhere you need to refer the name of the original writer.

Q: How to correct date of birth on certificates

Hello, I have 2 different date of birth. One in Aadhaar card and PAN card and other one is in passport and school certificates. Advise how can I correct These 2 different date of births on record to ad per my PAN card. I have various insurance polices and these policies also bear these date of births. Suggest a remedy to avoid any future complication Thanks

Advocate Nupur Goswami answered
to change your date of birth in Aadhar card you can log into Aadhar website and submit your scanned date of birth proof by following instructions given on the website. You will also be provided with an Update Request Number (URN). Make a note of this URN and can use this number to track your request. You will also be propted to download the File stating your URN, which you can keep safely in your Mobile, Computer or any other device. Also, you will receive an SMS with your URN.To change name and date of birth in PAN Card one needs to fill up the Change/Correction Form online/offline to make changes or correction.Change/Correction Request Form can be downloaded from the official website of NSDL or UTI Technology Services Limited, who are authorized for it.The applicant shall be required to provide further documentary proof to support request for correction or change in PAN data like name, father's name, date of birth.The list of document varies based on what information are you changing and available in the change request form which you will fill to make this change.The Processing fee for change request form is Rs 107 including service tax.Link to download the PAN Card Change Request Form:https://tin.tin.nsdl.com/pan/

Q: Need advice on family matter

I got married to a guy in Nov, 2012 as per Hindu tradition who was resident of UAE. Within 3 months of our marriage I got to know that he was already married with a kid, so I left him in Mar, 2013. After that I am not in touch with him; I dont want to do any legal proceedings against him but I wanted to know if he holds any legal right over me. Our marriage was not a registered marriage

Advocate Nupur Goswami answered
Hi, No he does not carry any rights over you for the reason he was already married and second marriage without divorcing the first wife is null and void. But you have not clarified whether he was divorcee with his former wife or whether his wife was dead. If his wife is alive or alive at the time of your marriage, your marriage is null and void. To be on the safer side you should get the decree of annulment of marriage from the court.

Q: When can I file a case under section 138 of NI Act ?

Sir I given money to a person through my relative.That person issued PDC in my name but cheques are bounced.can i file case u/s 138 against that person.

Advocate Nupur Goswami answered
Section 138 gets attracted when there is a liability on other person .for eg if you have given loan or sold something to him against which he has to pay payment !! It cannot be out of love.So if you had given loan and have any proof for the same ,you can file the complaint after serving a notice first..