Advocate Mahesh Kumar Joshi

Questions Answered by Advocate Mahesh Kumar Joshi (100+ answers)

Q: Is power of attorney valid after death of the principal ?

Hello ! I (Hindu) want to know that 1) will a registered general​/specific POA still be valid after the death of the principal, where agents are legal heirs of the principal. Or it gets terminated ? Principal : my father Agents : me, my 4 siblings and my mother 2) In the process of Registering a POA, does the court verify the principal's ownership over the property, against which the POA is made ?, what is the validity of power of attorney after death of one of the principal ?

Advocate Mahesh Kumar Joshi answered
It is absolutely clear in law that POA if any granted either registered or unregistered shall come to an end of its operation immediately after the death of the guarantor of POA. As per the present prevailing law of our country the guarantor must remain present at the time of registration of document. By way of POA ownership could not be determined. It can only be determined by way of deed of conveyance, Patta, Bengali Kabala, Parcha, etc.

Q: Can i get my father's govt job after his retirement ?

My father died on 11 June 2015. he was an employee of FCI. His job would expiry on 2021. Please help me how can I get my father's job. Please any body can help me? What to do and how and why should I get my father's job? Please tell me the process. what it can be ? what is the law for father's job to son after father's death ?

Advocate Mahesh Kumar Joshi answered
It is very difficult to say that on the compensatory ground FCI will grant permission or not. However after the demise of your father what steps you have taken it could not revealed from the query you have raised, though there is several condition precedent where the FCI shall grant permission.

Q: How to change name in death certificate ?

My father deceased on Dec 2016 and I got the death certificate on January 2017. Later I noticed that I have made a spelling mistake in Death Certificate. Now what is the way to get the name corrected? how to correct name in death certificate ?

Advocate Mahesh Kumar Joshi answered

Your question appears to be incomplete, as you have not mentioned the place of your father’s death or the cremation site from where the certificate was issued. However, if your father passed away within the jurisdiction of the Kolkata Municipal Corporation or any other municipal area in West Bengal, you will need to submit an application to the Deputy Municipal Health Officer. This application should include the original certificate issued by them, along with a copy of the death certificate issued by the hospital or doctor.

If there is a spelling mismatch in the certificate, the authority will issue a corrected certificate upon payment of the applicable charges, as per their standard procedure.

In case the death occurred outside West Bengal, you will need to follow the respective state's rules. However, the documents required for the application will generally remain the same. Please take note of this.

Q: Rules for installing CCTV at home in india

I want to instal CCTV in outside wall of my living room within boundary wall of my house . The purpose is to strengthen security of my house . The camera will not encroach to picture of neighbouring houses and will not infringe privacy of anyone. do i need permission to install cctv ?.authority or local police station ? is there a cctv camera act in india? Is there any legal requirement .......Kindly guide .....,Regards

Advocate Mahesh Kumar Joshi answered
There is no permission required for installing CCTV at your premises, however, if you are a resident of a complex, then you may intimate to the society and/or the maintenance committee for the same, however, the same is also not mandatory, which please note.

Q: ipc 409 is bailable or not and how to get bail?

Is IPC 409 bailable or not? If not, how can I get bail? Can bail be granted in 409 IPC?

Advocate Mahesh Kumar Joshi answered
Section 409 IPC is non-bailable, and a First-Class Judicial Magistrate can grant bail based on their satisfaction with the case details and investigation records. Typically, obtaining bail before 90 days is challenging unless a charge sheet is filed by the Investigating Officer (IO), after which bail may be considered by the court.