Advocate Devender Kumar Kataria

Questions Answered by Advocate Devender Kumar Kataria (50+ answers)

Q: If general girl married to sc boy can she take SC benefits ?

I belong to sc category and I am going to marry a general category boy. Does my category status change after my marriage? can sc marry general and still take benefits of sc category

Advocate Devender Kumar Kataria answered
yes, You can take the benefits of your category as a person cannot change his/her caste even after marriage. However, children born out of your wed-lock would be considered of general category only as a child has to take the caste of his/her father only and not of her/his mother.

Q: 2 years have been completed police not filing chargesheet what I can do?

1. Why does the police delay in filing the chargesheet?
2. What can I do if the police is not filing the chargesheet?
3. What is the legal remedy available for delay in chargesheet filing?

Advocate Devender Kumar Kataria answered
If the accused is already on bail, there is no strict time limit for filing the chargesheet. However, if you are the complainant, you can:

• Move an application before the concerned court to direct the police to provide the investigation status.
• Approach senior police officers to expedite the investigation process.

Q: Application for change of investigation officer and how to change the IO

Who is investigating Officer and who will appoint him and when ? My wife filed a complaint against me in Women police and simultaneously she filed 125 cr.p.c and custody of my daughter which she already with her.We married from last 2.5 years and we have daughter 1.8 months our marriage is love marriage. Women cell ASI threaten me over phone regularly. IS she is IO in my case ? if yes how to change the IO?

Advocate Devender Kumar Kataria answered
The I.O. are appointed by the Station house officer (SHO) of the Police Station as per matter wise. Lodging of Criminal case is different from other criminal proceedings in Woman Police Station. If you think that the Investing Officer is not conducting the matter properly, you can file complaint against IO with SHO or other Senior Police officers. However, Please be sure nothing shall change, even if the IO is changed. Police is the same.

Q: Buying property having tenants in place

Dear experts,I have been into property deal in gurgaon apartment and purchasing from seller, and currently the property has tenants staying in it.They have rent agreement with seller for minimum 6 months lock in period ending Dec 2018.1. To safeguard my rights as buyer, I have asked for registry to happen on 2 Jan 19. But Im having doubts if tenants refuse to vacate stating its only minimum lock in period, and they will vacate only when 11 month lease expires(May 2019).2. How do I safeguard my deal -- can I ask seller to take affidavit from tenant stating they will vacate by Dec 18.Or have a copy of notice to vacate they send to tenant.3. Do I do step2 before ATS and after token is given.4. Any other better option which is feasible and in interest of both parties(buyer/seller).Kindly advice.Regards-NN

Advocate Devender Kumar Kataria answered
You can have tripirate agreement with seller and the tenant other than the ATS. you can also get the fact of the tenant mentioned in the ATS. however, it would be advisable that you enter into the agreement on vacation of the property by the tenants.

Q: Registering marriage with a foreigner in Delhi.

I am an Indian and my fiance is a foreigner.1) Can I register my marriage in Delhi even if I am from a different state? I live in Gurgaon and have proof of residence. But all my govt issued IDs are from my state.2) should upload the documents on Marriage register's website and then visit the office after 2 weeks to get the actual date of marriage. And the actual date of marriage can be 1-3 months from the date of submission of the form? And then the marriage certificate will be issued after 2 more weeks? She comes to India in December. So, should I upload the documents in November before she is here?3) My fiance's parents are coming with her, and they can act as witnesses. In that case, what would be the proof of residence? Their passport? Or do the witnesses have to be Indian citizens?4)do I have to show a proof of being single ?5)she is coming on e-visa. I heard that e-visas can't be converted to X visas after marriage, but it happens in reality. Any insights?Rahul

Advocate Devender Kumar Kataria answered
there is no procedure whereby documents of would be marriage can be processed prior to marriage. Once you have the documents pertaining to your IDs from Gurugram then your marriage can only be registered in Gurugram only. if your marriage is being solemnized in Delhi then you can try to contact the registrar of marriage of the area to know the exact procedure. their passport would be enough as their respective ID proofs.