Advocate Anilesh Tewari

Questions Answered by Advocate Anilesh Tewari

Q: Mother surname on birth certificate instead of father

My son is three years old. His surname is by mother's surname instead of father. Is there any issue in future as per Indian Law? Can I change it by father's surname? Currently I have son's birth certificate only. can a child use mother's surname in india ?

Advocate Anilesh Tewari answered
Hello,No there is no issue if the sir name of your child is as per the surname of the mother, no legal impediment as per the Indian law. Keeping a surname is your prerogative and does not attract violation of any law.Regards

Q: What happens after loan recall notice and how to respond it

Hi Sir, I am unable to pay my last three months' EMI for my personal loan and credit card debt from HDFC Bank. The bank has sent me a legal notice through an advocate. Due to some financial losses, I will not be able to pay the EMIs for another year. After that period, I plan to pay all the pending EMIs. Please suggest how to deal with this situation. It is urgent. Thanks in advance.

Advocate Anilesh Tewari answered
Hello,Here are what your options will likely be: Refinancing your loanIf your problem is one where the EMI is too high, due to either an increase in overall interest rates, or an increase in your personal commitments to yourself, your loved ones, or any other matter personal to you that reduces your bank balance, or a combination of these factors and others, then what the bank will do is restructure your loan. If you are currently paying Rs. 10,000 per month for N years, and this is too high, the bank might offer you an EMI less than Rs. 10,000 per month, for a little more than N years. So your EMI goes down, giving you some breathing room and the bank doesn't lose money because it will simply make it up from you over a longer period of time. Everybody wins on some level. Keep in mind that the payments you now make will eventually cost you more in terms of total money repaid, but if breathing room is what you need, this will provide it. However the extension in tenure will be small, so the change in your EMIs will also be small. Also, as a next step, the bank can opt for foreclosure by selling off the collaterals stated when you applied for the loan, by auction, with your co-operation. Refinancing can be done for many situations. It is also the go-to option for people who find that their bank is not reducing floating interest rates in line with other banks. You can approach your bank to reduce rates, or you will shift to a more amenable lender. For credit card debt, you can also opt for balance transfer by shifting your existing debt onto a new card with a 0% interest rate for 6 months, and paying off as much as you can within these 6 months. Deferring Your PaymentsMay be the problem is not that you can't pay enough, it is that you can't pay at all. If you are in a position where you feel that within a few months your financial situation will change, you will get a job and be able to start repaying your loan a little bit at a time, perhaps at a lower EMI, then you can approach your bank for deferral of your payments. The bank will grant relief, giving you a window of opportunity to calmly seek ways to increase your cash flows. Once the window closes, your EMIs will restart (on either the same terms or your new negotiated terms), but will include late payment penalties, known as Delayed Payment Charges. These charges are applicable for payments made after their due date. In case some of your post dated cheques (PDCs) have bounced due to insufficient funds, you will also be subject to cheque bounce charges. Lump Sum SettlementsThis is something that for obvious reasons might not be feasible for a home loan, but it can work for a personal loan, credit card debt, or a car loan. On a case to case basis, banks are sometimes willing to go for one time or lump sum settlements of outstanding dues. They will waive some of the charges or some of the amount and charges, and you can pay the rest as a loan settlement. However, this is murder on your credit score. Getting a loan in the future, if you want one, will become either very difficult or very expensive, or both. What happens if you still can't pay? At this stage, your bank will seek repossession of the asset. The asset will be auctioned off within 15 days (for a movable asset like a car) or 30 days (for an immovable asset such as a home). During this period, you still have the option of buying back your own property provided the funds are available to you. At no time during the process will the bank not give you the option to pay, in bits and pieces or via a reduced lump sum, and maintain possession of your asset. Regards

Q: What is the difference between creamy layer and non creamy layer of OBC ?

I want to know the difference between creamy and non creamy layer of OBC

Advocate Anilesh Tewari answered
Hello,OBC and NC OBC are the two classes into which OBC is divided on the basis of annual salary in the OBC category.NC OBC is Non Creamy Layer OBC while OBC is Creamy Layer OBC.OBC Creamy layer does not get any benefit.They does not come under reserved category anymore.They are treated equal to General category candidate.The difference between Creamy and Non creamy layer is on the basis of Annual income of Family.If the annual income of the family is more than 4.5lakhs per annum,the candidate is considered to be under Creamy layer and does not get any benefit of reservation.The Union ministry is considering to raise the bar to 6laks per annum and it will be done this week itself. OBC non creamy layer gets benefits for exams and jobs.Regards

Q: What does section 129 of motor vehicle act means ?

I got a bike challan and the police wrote either 179 mv act or 129 mv act on that receipt. I want to know which section can be put on the challan and also what are the consequence of it

Advocate Anilesh Tewari answered
Either of the section can be imposed on you by the Police depending on the circumstances: Section 129 in The Motor Vehicles Act, 1988129. Wearing of protective headgear.—Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear 1[protective headgear conforming to the standards of Bureau of Indian Standards]: Provided that the provision of this sections shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban: Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. Explanation.—”Protective headgear” means a helmet which,—(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.Section 179 in The Motor Vehicles Act, 1988179. Disobedience of orders, obstruction and refusal of information.—(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.In any of the case you have to go to the concerned police station, produce all the relevant bike documents, pay the challan.Regards

Q: False FIR by wife and sister in law

I filed for divorce after 10 years marriage due to mental cruelty by wife. In counter she filed false FIR under IPC 498,307 and 377 at Agra. MLC is negative for false FIR. HC granted interim protection and referred to mediation centreNow few days back my wife connived with sister in law and got another false FIR regd IPC 498 ,307 and 376 at Firozabad. nnAim to extort money and blackmail. What should I do now ? Can I go for FIR quashing (Firozabad case) directly with HC as all allegations are false and previous matter is already in HC. i have witnesses too..only my wife is trying to be witness of alleged rape due to her evil plan to frame me.

Advocate Anilesh Tewari answered
Yes you can file a petition for quashing of the FIR in the HC. You have a strong case on merit and at this stage you should go for the quashing and take relief for yourself. Let me know if I can be of some help.