Advocate Harsha G. S.

Questions Answered by Advocate Harsha G. S. (25+ answers)

Q: Oci no aadhar , inheriting dead parents property without will

I am an OCI without aadhar card, only child My parents passed away without a will - for family tree or succession certificate , govt officials need a aadhar card , how can I get the family tree done without aadhar card ?

Advocate Harsha G. S. answered
As an OCI without Aadhaar, you can still apply for a legal heir/family tree certificate by submitting your OCI card, passport copy, and your parents' death certificates. Visit the local Tahsildar office or apply online via the state portal. File an affidavit stating you're the sole legal heir, along with notarized documents. For succession certificate, apply in District Civil Court under Section 372 of the Indian Succession Act. Aadhaar is not mandatory under law for OCI cardholders—cite this if officials insist. Approach the court if local officers deny the process.

Q: Query for reservations for Christians in medical counselling

Hi. I have some queries around - if Christians in Karnataka belonging to syrian jacobite orthodox belong to general category or under obc reservation for medical counselling

Advocate Harsha G. S. answered
In Karnataka, reservation under OBC category is governed by the State Government’s list of socially and educationally backward classes. Syrian Jacobite Orthodox Christians, if economically and socially backward, may fall under Category II-B of Karnataka’s OBC list, which provides reservation for religious minorities including certain Christian communities.However, inclusion depends on the community's sub-caste and economic background. Not all Syrian Jacobite Christians may automatically be eligible under OBC unless their specific caste/sub-group is notified in the State’s OBC list.For medical counselling purposes, candidates must produce a valid caste certificate and a Non-Creamy Layer certificate (if applicable) issued by the competent authority in Karnataka to avail OBC reservation.It is advised to check with the Tahsildar's office or District Backward Classes Welfare Office and refer to the latest Karnataka State OBC list for confirmation. If not listed under OBC, the candidate will be considered under the General Merit category.

Q: FIR/chargesheet case in Bengaluru vs complaint in Mumbai

Pending 498a quashing in Bengaluru, where marriage took place & marital residence was also there. Post mediation failure during quashing after 5 sessions almost, wife has filed a new complaint with Bharosa cell in MUM. What all to do now, how to act, specially use this in our favour and teach the other party a lesson of the lifetime, with immediate effect to stop harassing in the first place.

Advocate Harsha G. S. answered
Since the 498A quashing is pending in Bengaluru, and the marital residence and incident occurred there, you may file a petition under Section 482 CrPC before the Karnataka High Court seeking stay/quashing of the new FIR filed in Mumbai citing jurisdictional abuse and forum shopping. Use the mediation failure and continuous litigation as evidence of harassment and misuse of process.Also consider filing a counter-complaint for criminal intimidation and mental harassment under Sections 182, 211, and 499 IPC. Collect all evidence of mediation efforts and contradictory actions by the complainant to strengthen your case. Seek directions to club FIRs or transfer proceedings back to Bengaluru.

Q: How I stop vexatious litigation without my appearance

10 years of frivolous private complaint. complainant successfully maneouvered judge to issue order for police investigation. Police submit report with no offence and no evidence. Complainant facing dismissal, again maneouvered judge to take witness evidence. Witness evidence only possible in presence of defendant in Cr matter. Judge not issue order -- just permit complainant to take step to seek presence of accused. At preliminary stage, defendant has no say. How I stop vexatious litigation?

Advocate Harsha G. S. answered
To effectively stop this vexatious litigation, you can approach the Hon’ble High Court under Section 482 CrPC and file a petition for quashing of the criminal complaint, highlighting that the matter has been pending for over 10 years without any merit or admissible evidence. Emphasize that the police have already filed a report stating no offence was made out, yet the complainant continues to misuse the judicial process by influencing procedural orders and dragging the accused unnecessarily.Bring to the Court’s attention the repeated and deliberate attempts by the complainant to prolong the matter, causing mental harassment and abuse of legal provisions. Also request the Court to declare the complaint as frivolous and malicious, and to impose exemplary costs or penalties to prevent further misuse of process.Additionally, you may explore remedies under Section 250 CrPC for compensation if the accusation is found to be false and without reasonable cause. Simultaneously, you can consider filing a civil suit for damages caused due to malicious prosecution. Maintain all relevant documentation and prior orders to strengthen your petition.

Q: Regarding restriction to meet my parents

I m nithya from Bangalore, As my husband restricting me to meet my parents.....And my in laws are too my chauvinist characters and making me and parents literally behavior like a slave whatever the issues in laws create my husband forcing me to go and stay with in laws home if u not agree, i will not allow u to meet your parentsSo is it mandatory to go inlaws home???I am not willing to go their as they doent have kind heart only wants me and my parents to undergo in all issues

Advocate Harsha G. S. answered
Dear Nithya,Thank you for reaching out. As per Indian constitutional and statutory law, particularly under Article 21 of the Constitution of India, you have the fundamental right to life and personal liberty, which includes the right to freely move and associate with your family, including your parents.No individual, including your husband or in-laws, has the legal authority to curtail these rights without due process. Any attempt to restrict your movement or coerce you into residing with your in-laws against your will may amount to mental cruelty, which is a valid ground for seeking relief under Section 498A of the Indian Penal Code and the Protection of Women from Domestic Violence Act, 2005.Furthermore, emotional manipulation or threats, such as being denied visitation with your parents unless you comply with demands, can be construed as psychological abuse and are actionable under the Domestic Violence Act. You are under no legal obligation to reside with your in-laws, especially if such an arrangement causes emotional distress or is against your wishes.It is advisable to document such incidents and, if necessary, seek appropriate legal remedy through a protection order, residence order, or other reliefs provided under the Domestic Violence Act. You may also consider initiating marital counseling or mediation proceedings under Section 9 of the Hindu Marriage Act, 1955, or seek advice for filing a formal complaint before the jurisdictional magistrate or women’s protection officer.