Advocate Anilesh Tewari

Questions Answered by Advocate Anilesh Tewari (25+ answers)

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 have been unable to pay my last three months' EMI for my personal loan and credit card debt from HDFC Bank. Recently, I received a loan recall notice (LRN Notice) through an advocate.

Due to financial difficulties, I will not be able to pay EMIs for another year. However, I plan to repay the entire pending amount after that period.

I need legal advice on:

1. What is a loan recall notice?
2. Loan recall notice meaning in Hindi (if available).
3. Can the bank take legal action against me?
4. What are my options to negotiate repayment or avoid legal trouble?

Advocate Anilesh Tewari answered
Loan Recall Notice: Options to Consider

If you have received a loan recall notice, here are your best options:

1. Loan Refinancing

• Transfer your loan to a bank offering a lower interest rate.
• If dealing with credit card debt, consider a balance transfer card with 0% interest for 6 months.

• Request a deferral period from the bank if you are temporarily unable to pay.
• Be aware that deferred payments may attract penalties.

• If you cannot pay in full, negotiate a lump-sum settlement.
• Caution: A settlement may impact your CIBIL score, affecting future loan approvals.

• The bank may seize collateral (if any) and auction it within 15–30 days.
• You may still repurchase your property if you arrange funds before the auction.

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 sections can be imposed on you by the police depending on the circumstances:

Section 129 of The Motor Vehicles Act, 1988 – Wearing of protective headgear
Every person driving or riding (otherwise than in a sidecar, on a motorcycle of any class or description) shall, while in a public place, wear protective headgear conforming to the standards of the Bureau of Indian Standards:

Provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motorcycle 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 the person driving or riding on a motorcycle 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 of The Motor Vehicles Act, 1988 – 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 a 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 a fine which may extend to five hundred rupees, or with both.

In any case, you have to go to the concerned police station, produce all the relevant bike documents, and 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.