Advocate Rakesh Kumar Vishwakarma

Questions Answered by Advocate Rakesh Kumar Vishwakarma

Q: Procedure & implication of changing parents' name in birth certificate

Is it possible to change father's or mothers name in birth certificates issued after 2005? Is this process complicated? If a person has changed the name now, how will it get the same changed in educational certificates? If that's not possible or unable to change, how will that person prove that those documents belong to him only? Will the name change create any problems in future job applications? After name and religion change in all documents, will the person be able to claim his property from his father?

Advocate Rakesh Kumar Vishwakarma answered
You can get the name changed under Registration of Births and Deaths Act, 1969Sec 15.Correction or cancellation of entry in the register of births and deathswhich states that: If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alternation of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.

Q: Father's cousin claiming over his property what can be done

My family live in that home 25 years i want this home on my fathers name but our village Secretary doesn't do because my father cousins claim on property ?

Advocate Rakesh Kumar Vishwakarma answered
The property transfer takes place in this manner:Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.If no body from this category is available then it is further transferred in this manner:I. Father.II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.V. Father’s father; father’s mother.VI.. Father’s widow; brother’s widow.VII. Father’s brother; father’s sister.VIII. Mother’s father; mother’s mother.IX. Mother’s brother; mother’s sister.

Q: Son's right in father's property while he is alive according HUF

Does a son separated in the life time of his father property is entitled to a share in the remaining property as per hindu succession act 1956

Advocate Rakesh Kumar Vishwakarma answered
Yes you have a right in the fathers property, provided that He has not prepared his will specifying your share to be abandoned.If you qualify to be among the following given in Schedule , you have a right[Section 8]HEIRS IN CLASS I AND CLASS IICLASS ISon; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.CLASS III. Father.II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.V. Father’s father; father’s mother.VI.. Father’s widow; brother’s widow.VII. Father’s brother; father’s sister.VIII. Mother’s father; mother’s mother.IX. Mother’s brother; mother’s sister.

Q: GST percentage on the new property registration

 I purchased a shop at a value of 16 lakh (agreement value) 7 years ago..which still needs to be registered and now as GST is applicable what amount do I need to pay to the builder as GST (12 percent of 16 lakh or 12 percent of 25 percent of agreement value)

Advocate Rakesh Kumar Vishwakarma answered
No matter you have purchased the plot 7 year's back but since you are registering your plot currently and as government has already implemented GST, all the provisions of GST will apply that means you need to pay 12 % of the government approved amount.

Q: Registering authority refusing to register plot on power of attorney

My Brother in law had purchased a plot in gwalior somewhere in 2002 .He had registered agreement done at that time .My Brother in law expired in 2006 .The plot was not registered on his name , so later on my sister applied for registration & since the plot owner got posted in chaatigarh & not able to come ,he has given power of attorney in 2014 to my sister , but now the registering authority refusing to register the plot on the power of attorney . Pls revert on my query.

Advocate Rakesh Kumar Vishwakarma answered
A deed may be presented for registration either by claiming or executing party or by the agent who got attested power of attorney to present the document but the executant must be present to admit the execution of the deed.if the executant gives the power to the agent to present and admit the execution on behalf of the principal then the power shall be attested as per section 32 n 33 of registration act 1908.