Advocate Ayub Khan Kasim

Questions Answered by Advocate Ayub Khan Kasim

Q: Clarification on provisions to file case against false atrocity case

sir, Which are the provisions of law to be file a criminal and civil cases against person who filed a false atrocity case (SC ST) and acquitted and under which provisions of law a court fee has to be paid and if u have any format for the same

Advocate Ayub Khan Kasim answered
You can file a case for malicious prosecution under the criminal law and a suit for defamation and damages under the civil law for the said false atrocity case.There is no court fee for filing a case under the criminal law and the court fee for civil case will be as per the Court fees and suit valuations act of the state you are filing the civil case at.

Q: Want my husband to pay EMI of co owned flat after divorce

I have two minor children and I and my husband has a co owned flat. I am working and can take care of my kid. But I want that my husband pays the house EMI and vacate the flat after divorce. Please advice how to go about it. Thanks

Advocate Ayub Khan Kasim answered
A company owned flat cannot be transferred on a spouse specially a spouse who is seeking divorce.But the EMI of an independently purchased flat either in joint or single name of the husband can be given by him to his spouse instead of any permanent alimony and maintenance of the children, in the form of EMI payments.

Q: How is hearing date decided in Karnataka High Court

For company petition, our lawyer has submitted all necessary documents to the Karnataka HC registrar 2 months back but he is yet to get the admission hearing date. How Karnataka HC decides this and when can we expect the hearing date. Please elaborate the process of getting admission hearing date. Thanks!

Advocate Ayub Khan Kasim answered
The listing of the cases before the High Court of Karnataka is by way of chronology, but in matters of urgency, you can always seek the permission of the Court for listing on a particular date by mentioning it before the concerned court hall with a memo for posting.

Q: Procedure for name change in passport and adhar card.

I want to change the surname of my wife. This also has to be updated on all the important documents like passport, PAN card etc. What is the procedure for same. Is Gazette notification required for same?

Advocate Ayub Khan Kasim answered
To change the surname of your wife, you need execute an affidavit on a non judicial stamp paper giving the reason for the change of surname.The said affidavit has to be filed before the Passport authorities with necessary application for change of particulars.Likewise you can inform the Income Tax department regarding the change of surname of your wife with an application for issue of duplicate pan card and also in your application you can mention as to what name has to be printed on the pan card.

Q: Rent agreement with mother be transferred to son after her death

My mother had entered into a lease agreement with the Tenant during Dec. 17. During Feb.18 she passed away. Now, can the tenant pay the rent to me. The tenant has submitted the lease agreement to her Employer for availing tax benefit. Now, can the tenant pay the rent to me. Looking forward to your advise please.

Advocate Ayub Khan Kasim answered
Please note that in the eventuality of the demise of the landlady, the tenancy has to be attorned/ transferred to the name of the legal heirs of the deceased person.The attornment/ transfer can also be in the form of letter.If there are two or more than two legal heirs, other legal heir/s should give permission for the payment of rents to a particular legal heir.The said change of landlady has to be duly intimated/ informed to the Employer but submitting the letter / revised rental agreement.