Advocate Aditya Saurabh

Questions Answered by Advocate Aditya Saurabh

Q: How I get information about adoption.

My mother adopted me in 1990 from a hospital after some time my mother was died. I haven't any adoption record, I know my date of birth I want to get information about my adoptions from hospital by RTI. How i get information by RTI?

Advocate Aditya Saurabh answered
The answer to you question is that if hospital is giving you in addition to some one then hospital has to maintain the record of child and adopting parents. You can file the application online or by physical mode seeking the concerned hospital authority for the certificate of adoption concerning yourself and the hospital authority has to furnish the same. However, if your are seeking the information for some one else, the hospital authority reserves the right to barred you seeking information for anyone else.

Q: Regarding maintenance under sec 125

I (female age 35) my mother(age58) how can we get maintenance from our father if we dont have money to hire lawyer. And if possible how much time will it take approximately?

Advocate Aditya Saurabh answered
First of all you are not entitled for maintenance from your father as you have attained the age of 18 years. The law also says that the married daughter is entitled to the maintenance yet there are some limitations that there should be some limit to it. however, your mother is fully entitled for the maintenance from her husband under section 125 crpc. Apart from it if you are Hindu, your mother can also claim maintenance under Hindu marriage act under section 25 of the act.

Q: Can I transfer or gifted property to myself i have registered POA

I have registered power of attorney from my father. Can I transfer or gifted property to myself.

Advocate Aditya Saurabh answered
No you cannot. as there is a law that for absolute transfer there must be offer, acceptance and delivery. it also forms a contactual relationship between two. in your case you are sole person and therefore for valid contract there must be atleast 1 Donner and One Donee.

Q: What will be my share in maternal grandfathers property

My mother died before her father's demise. Her father purchased a property. My mother was having 9brothers and sisters. One of my maternal uncle was occupying the house. Understand there was no will and partition deed have not been done. Now the said property has been given to builder on development. Can we have a claim on the said property as grand children and my mother expired before my grand father expired. I need your advice. Thanks

Advocate Aditya Saurabh answered
Hi,You have full right to claim 1/10th share in the property if only 10 members are claimant in that property subject to the condition that whether you maternal grandfather is still alive or dead. if he is alive then indisputably you have right to 1/11th share if no other coparceners but if he had died before september 2005 then you cannot claim any right but even if he died but after september 2005 you have right to 1/10th of the total share. I hope you may extract your case out of this.

Q: Can a employer exclude training period from the gratuity

as you answered earlier about this but I want know that if employer has such a policy that they will give gratuity after 5 year excluding the training period then we could not claim that ?

Advocate Aditya Saurabh answered
Hi,So far as the law of gratuity is concern the continuous service of 1 year in an organization as described is sufficient to claim gratuity. it all depends whether you have completed your one year service period or not if you have exceeded more than one year of your employment you are eligible for claiming gratuity. the gratuity depends upon the date of joining the service.