Advocate Amit Yadav

Questions Answered by Advocate Amit Yadav (25+ answers)

Q: Contesting mother's registered will with witness and dr certificate

My mother made registered will with witness and dr certificate influenced by my brother. Leaving nothing to me as daughter. Can I contest will for any reason , especially she was under psychiatrist medication 2 months after will and 1.5 yr later diagnosed with dementia and what are chances ?My mother would hv never done this but my brother influenced her mentally for his benefit. I feel defrauded , is there any chance or hope to win or let it go for 10 15 years atleast?

Advocate Amit Yadav answered
Yes, there is a possibility of challenging the Will, depending on the circumstances and evidence available. The facts regarding your mother’s psychiatric medication, subsequent dementia diagnosis, and alleged influence by your brother are relevant.For a detailed assessment of the Will and your legal options, you may consultAdv. Amit Yadav

Q: Name change in educational documents

Sir can I change my name in education documents like marksheet , Lc. I already have Gazette name change but school ,board say after passing it's not possible. Because rule are not allow.

Advocate Amit Yadav answered
Yes, you can seek change of your name in educational documents such as marksheets and Leaving Certificate even after passing, especially when you already have a valid Gazette notification, because such a request is treated as a legal change of identity and not a routine correction; although schools and boards often rely on internal rules to say that changes are not permitted after passing, those rules cannot override constitutional and legal principles recognising a person’s right to identity, and courts have consistently held that educational authorities cannot refuse such requests outright when supported by a Gazette notification, affidavit, and updated identity documents. Practically, you should first submit a formal written application to the school and the concerned board enclosing the Gazette notification, name-change affidavit, Aadhaar/PAN reflecting the new name, and request either correction or endorsement of the changed name in records; if the application is rejected, obtain a written, reasoned refusal. Thereafter, you may pursue legal remedies by filing a writ petition under Article 226 of the Constitution before the jurisdictional High Court or a civil suit seeking declaration and mandatory injunction, where courts commonly direct the board to correct the name or issue fresh certificates with an endorsement such as “formerly known as,” thereby giving legal effect to the Gazette notification despite the objection that the student has already passed.