Advocate Onkar Nath

Questions Answered by Advocate Onkar Nath

Q: Same Person Having Different Names In Different Documents

My father's name on some documents is 'Ram Pal Singh' and other some documents have only 'Ram Pal'. On some of my brother's document the name is 'Ram Pal Singh' and I have only 'Ram Pal'. It will be very hard to change the father's name and make it similar on lots of documents like passport and education certificates.My question is, can I make correction of my father's name on his voter Id and Aadhar card like - "Ram Pal Singh / Ram Pal"?, so that it will cover all his child's documents.Is is valid to write name on voter Id and Aadhar Card Like "Ram Pal Singh / Ram Pal"?Thank you.

Advocate Onkar Nath answered
Let get a notarized certificate with such intention to be performed either by your father or by you both brothers. That is the legal document to be adduced/produced before any such authorities for further use and reference.

Q: father has an illegal relationship leads to my mom death.

I am 30 years old having two sisters and one older sister is married.Just two years ago my mother passed away in a suspicious condition and father told me that she had an serious heart attack. I am mostly staying outside because of my study and currently doing Phd.After my mom death,my father behavior totally changed towards me and my sisters.they didn't take care me and my younger sister.my father has illegal relationship with an anonymous woman and he waste whole salary on her,he didn't care about anyone and he also stop all the financial support to me and my sister.whatever we are today i am, just because of my mom but today my mom is not here and my father is responsible for her death because he always tortured her.Plzz give me some suggestion..Religion: Hindu

Advocate Onkar Nath answered
Let inform the parent department to which your father is working, mentioning therein all the facts and realities as you have delineated in the questionnaire. Although, it would be better for you to get the application drafted from a lawyer who knows it very well as to what is not to be written or to be written.

Q: Encroachment Issue of road from one side other side in my land in road

My plot is in the shape of 90 feet*50 feet.From the west side the boundary is in road earlier some one made a complain for encroachment removal and two month before I got a notice that I had captured 850 square feet encroachment removal then I made a complain in block that this much area is not under encroachment as the road was majored with old map but kindly do the majorment with new map that they when I meet with block CO he is rigid that majorment happen with new map but I told him many times for majoring the road again now 3 days before I got a notice that encroachment is 380 sq feet and remove it before 17the Oct else you will be panalised.same land from the north road my land is around 500sq feet on road...kindly suggest

Advocate Onkar Nath answered
As per the provisions of land encroachment act, you have vested right to get the land measured in your presence and if the same has not been done, let write a written application to the CO and if even then, he is adamant to do so without proper measurements, you should approach the concerned high court as right to property is still a legal right.

Q: change in date of birth in service book.

I passed matriculation in 1982.date of birth entered in original certificate is 10-04-1963.but my father says i was born in 1968.the school made mistakes in school records and hence the error occured.Iwas appointed as a government school teacher in 1994.date of birth in my service book was entered as per my matriculation certificate as 10-04-1963.In 1996 I wrote an application to block education officer with an affidavit to correct my date of birth as 10-04-1968 as he had opened my service book.but no response was taken.In 2004,I wrote another application to district education officer to rectify it but again no response was taken.I have no proof as to my correct date of birth.Both times I applied on the basis of affidavit by my father.After that I lost hope.Is there any way out to rectify my date of birth in service record?

Advocate Onkar Nath answered
If the concerned authorities are not responding properly, let prefer writ application before the concerned honourable high court. The entire facts are required to be mentioned in the writ application and you are also required to be ready medical examinations by a duly constituted medical board as you have no documents.

Q: Fight between brothers for a land dispute in Darbhanga Bihar

One of the family menber got injured during the fight related to land dispute in a Village Situated in Darbhanga district of Bihar State. To understand the matter let us name Injured party and Opposition party as two entities here.It is a Minor injury on the head to the injured party, for which stitching is done by the hospital and discharged on the same day without admission.Injured person has reported this matter to nearest police station with supporting medical documents.1. How to know the status of this case ? Also please clarify the following doubts :2. Whether just information is given to police station ?3. Whether F.I.R. is registered or not ?4. Whether any case is registered or not ?5. Is there any law which directs a police station to get a written consent of Sarpanch in a village panchayat Juridiction before registering a Case or FIR for a land dispute within family members. ?6. Whether Sarpanch of the village panchayat can submit his judgement on this matter to t

Advocate Onkar Nath answered
To get information about the institution of the F.I.R. , you are required to have contact online to the F.I.R search status. There is no such provisions to refer the matter to the concerned sarpanch of the panchayat. For further information about the case, you are required to have a contact either with a lawyer or in person make a search in concerned civil court police station wise.