Advocate Jessy Richard Payne

Questions Answered by Advocate Jessy Richard Payne

Q: questions relating to change of name for marriage affidavit?

I recently got married under the Christian Marriage Act. Both me and my wife are Christians (Roman Catholic). I have a marriage certificate from the undersecretary at Mantralaya Mumbai. Do I need to create a name change affidavit or is this certificate valid proof. I need to update my Aadhaar Card and PAN card and need to know if I can provide the marriage certificate or will need to create an affidavit for the same

Advocate Jessy Richard Payne answered
HiYou need to get the affidavit done to to be submitted at the time of applying for name changchange. You will also need documents of your address proof and ID proof. Marriage certificate alone will not suffice.

Q: Procedure and consequences of Cheque Bounce

I have given 4 lakh rupees to my friend at that time i had taken written notary on 500 rs stamp from lawyer now he is not able to return my money and he didnt have any property. i have checks given by him then if i bounce the check and file a case against him then what is the result of court case and can i get my money

Advocate Jessy Richard Payne answered
Deposit the cheque and if it bounces you can send him notice through a lawyer. If he still does not return then you can file a civil or criminal case under Section 138 of Negotiable Instruments Act, 1881 or Sec 417 and 420 of the Indian Penal Code (IPC) 1960.

Q: Requirements for a legally valid will

1) Does will require a Doctor certificate of fitness of a person writing will. 2) Is it compulsory to register a will

Advocate Jessy Richard Payne answered
Yes. Doctor's certificate is required at the time of making a will. Any party concerned can challenge the will that the person who executed the will was mentally unfit if the doctor's certificate is not obtained. Registering a will is not compulsory or mandatory but a registered will has its own advantages.

Q: What are the rights of married daughters in fathers property

I have two sisters both are married still they get share in my father property

Advocate Jessy Richard Payne answered
The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.