Advocate Nikita C. Jain

Questions Answered by Advocate Nikita C. Jain

Q: How to get a succession certificate, how much money will I have to pay

Late.Dalip Singh has purchased Kissan Vikas Patra for Rs50,000 and now the matured value is Rs.1.10 Lakhs with interest. KVP has been purchased from Head Post Office Sansad Marg Delhi. Nomination has not been registered at the time of purchase of KVP. The deceased has left behind his wife and three children aged between 17 to 22 years. Deceased family resides at Khoda Colony near Noida. Post office is asking for succession certificate from competent authority of law or produce the Probate of will or letter of administration of estate on deceased for getting payment. Whether the succession certificate will be issued by District Magistrate or by Civil Court. What will be the cost involved and time to obtain the Succession Certificate.

Advocate Nikita C. Jain answered
Time: A newspaper notice for 45 days is issued by the court. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate. This process takes five to seven months. Cost involved: As per my knowledge, apart from lawyer’s fees, Two per centum on the amount or value of any debt or security specified in the certificate under section 8 of the Succession Certificate Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act.

Q: Procedure and time taken to get marriage registry nullified

sir i have some doubt about nulity after registry of marriage how much time is available for nullify registry of marriage

Advocate Nikita C. Jain answered
Once you sign before the sub registrar of marriage it cannot get cancelled. You can either opt for mutual divorce before the court of law, it takes minimum six month's time and if mutual divorce is not agreeable to either of the parties then you can file petition for the nullity of the marriage before the court of law.

Q: Opposite part not following decision given by court in my favour

If the court passed a judgement in my favour and still the respondents did not change their order, what should be done?Let me know if further details are needed of the case.

Advocate Nikita C. Jain answered
If the other party has failed to abide by the order of the court then you may file "Contempt of Court" Application before the same court whose order is not been followed by the other party. The court can then issue a court order that in the context of a court trial or hearing, a person or organization have disobeyed or been disrespectful of the court's authority and is "found" or "held" in contempt.

Q: Can i get child visiting rights,wife has filed a 498a case against me

My wife has filed dowry case against me and my family.Then after counselling,I had taken her back.But again she reopened the case and I have filed for quashing of the fir.I have not met my child from 2 years. can I get the visiting rights in the same case to meet my child.sikh

Advocate Nikita C. Jain answered
Yes you do get visiting rights in the same case to meet your child. You also have right to claim custody of your child and in case you don not get the custody of your child then you will still get the visiting right, as per the order of the court.

Q: How many times can name be changed in Indian passport

Hi my daughter is 7 yrs old I renewed her passport with name changed (with gazette notification) can I change her name again in passport after all formalities ? Is there any limitations of number of attempts in name change in passport? Can she travel abroad with her old passport if I change her name again but renew passport later ,as it's valid till next 5 years ? Thanks

Advocate Nikita C. Jain answered
Yes you may change her name in the passport. As per my knowledge there is no bar on the number of attempts in name change in a passport. With respect to your query, if she can travel with the old passport for that it is not advisable for her to travel in the old name passport even though its validity has not been expired. In order to change her name, you will have to apply for re-issue of passport.