Advocate Mohamad Shafiq Shah

Questions Answered by Advocate Mohamad Shafiq Shah (50+ answers)

Q: How to change name in caste certificate and caste validity certificate ?

Respected Sir,There is a spelling mistake in my father name on my OBC caste certificate and caste validity certificate. Same mistake is there on the caste certificate of my father . Can i make a affidavit that both names are of a single person( my father)? What can i do so that there will be no problem for getting me my degree and applying for PSU jobs? how to change name in obc certificate ?Please suggest me the solution of above problem. Regards

Advocate Mohamad Shafiq Shah answered
For this u need to make an affidavit stating the mistake and the correct name and then will have to apply for name change gazette to Maharashtra government.To complete the afore mentioned steps u can contact me through LawRato any time

Q: can a married woman marry another man without divorce in islam ?

second marrage is possible with out divorce for Muslim women ? indian law for second marriage without divorce in muslim

Advocate Mohamad Shafiq Shah answered
No second marriage is not allowed for a women as it is neither allowed shariat or the law of land..Thus if she remarries then she would be punishable for bigamy u/s. 494 of IPC imprisonment upto 7 years...For any further information or clarification you can contact me through LawRato anytime

Q: Can bail be cancelled for unauthorised construction on family propert

Criminal suit U/s 307 IPC is pending against my brother in sessions court, he has got bail from the sessions court and has started construction on ancestral property without my permission, can his bail be cancelled, what process should I follow and what are the relevant documents needed for the same.

Advocate Mohamad Shafiq Shah answered
Firstly 307 is an attempt to murder And construction at the ancestral property without permission is a civil offense In order to cancel his bail, you will have to look at the bail order passed by the judge... Are there any of the conditions imposed by the judge being violated ...If yes then an application for cancellation of bail can be made.If any further question and suggestion you can contact me through lawrato any time..

Q: Can a case be filed if I married someone being a gay

can my wife file a criminal prosecution against me if i married her inspite of being gay?

Advocate Mohamad Shafiq Shah answered
No No ways She cannot file a civil case for you being a gay instead she can obtain a divorce..However a criminal case can be filed if you marry another gay. Under section 377If any other query you can contact me through Lawrato ,

Q: Does daughter have rights in fathers property under muslim law

We are 7 siblings my father expired 17years back and my mother died 3 months ago. I was suffering from my financial crisis. So ask my brother the share of my in my father property according to muslim law. But he refused claiming that sisters does not have any right on fathers prpoetry My younger daughter having health issue

Advocate Mohamad Shafiq Shah answered
Yes as per shariyat law daughter have a right in fathers property...Daughter gets half of what son gets So for example there are 3 brother and 4 sisters Then the property will be decided in to 10 parts Each brother will get 2/10 And each sister will get 1/10And to get this share you need to file a suit in court..In order to get that done you can contact me through LawRato anytime.