Advocate Lalit Valecha

Questions Answered by Advocate Lalit Valecha

Q: Baby holds US passport can I apply for India passport for her

Due to a lot of circumstances faced in US with my husband during pregnancy and after pregnancy, I decided to come India with my 6months child. Baby has a US passport and on 1 year Visitor visa expiring in July next year. Baby doesn't have an OCI Currently separated from my husband and continue to do so. As a mother I'm planning to stay in India taking care of my child with my parents. Is there any possibility to apply her an Indian Passport based on only one parent consent? Since she's born in US, will her US passport will get void? Thank you

Advocate Lalit Valecha answered
You may apply for an OCI for your baby. YOU cannot obtain an Indian Passport for your baby as your baby is an American Citizen holding a US passport and only after acquiring Indian citizenship you may apply for Indian Passport for your baby. FOR assistance in your matter you may contact us for an appointment.

Q: How to transfer property in my mother name

Dear Sirs, we have property in New Delhi DDA market and my father is missing since fourteen years. We are no brothers and sisters and The original owner of this property was your great grand father who made a register will in court there of in favour of my father. and after my father missing. And I have complaint in police station. (1) How to transfer property in my mother name. (2) Then please advise whether she can make a One time WILL in my name for the said property ? (3 Does my aunts have any right in claiming the this property? (4) Can I give my father property on rent to anybody?

Advocate Lalit Valecha answered
You may file a probate of will in the concerned court of law or obtain a succession certificate by virtue of Legal heirs of your father. As soon as probate is filled your aunt will be made a party in against and you will be issued a LOA. For assistance you may contact for an appointment

Q: What is the procedure for filing divorce.

I want to file divorce.Running in 11 years of marriage.I have been a victim of domestic violence and mental harassment from my honeymoon till date except the 8 months of my pregnancy. This harassment has caused by my husband and his maternal side relatives. I have twin kids under one year and the mental harassment continues with physical torture. I have been always scared by my in laws but I want to file divorce now as my mental state are causing issues with my health and well being. Pls advice from here.

Advocate Lalit Valecha answered
In your case a case of domestic violence and maintainance is recommended. YOU may also file a complaint under section 498A IPC if there has been a demand of dowry from your husband or in laws. For further assistance you may contact us for initiating the litigation.

Q: Enrolled at a US college for fall 2016 now do not wish to continue

I recently enrolled at a US college for fall 2016. I withdrew and now they are harassing me. Classes started on Aug 22 and last date to add or drop classes that is last date of registration was Sept 3 and last date to pay tuition was Sept 6. I withdrew on September 6 and came back to India on Sept 7-8. Now they are harassing me that since I've registered for classes I have accepted financial responsibility and asking me to pay up $14,893, that is the entire semesters tuition. They say if i don't pay up they will send my case over to a debt collection agency. What to do now. I neither want to get into any legal trouble nor pay $15,000.

Advocate Lalit Valecha answered
For assistance in your matter you may seek the legal aid available in the US if you are a permanent resident or citizen of country. We can assist you by sending them a legal notice and staying on there notice.

Q: Husband of girl asking to be witness against her else will file case

I was in a relationship with a woman who I later came to know was married.The husband got to know about us and collected proofs like call records and places we visited together. He was also involved in a relationship with someone else as what the lady tells me now and she have proofs like chat logs against her husband. The husband has approached me asking me to be his witness and accept that I was in a relationship with the woman so he can take divorce on grounds of adultery else he will file a case of adultery on me and I will have to fight a case as an accused. He assures that I wont be harmed in the process if I become his witness. Please help.

Advocate Lalit Valecha answered
Firstly you yourself can file a complaint against both of them. Firstly the woman has cheated you by not mentioning that she is married. And a blackmailing complaint against the husband. For further discussion you may contact us for appointment