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, 1969 Sec 15.Correction or cancellation of entry in the register of births and deaths which 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 II CLASS I 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. CLASS II 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: Is it legal to demand for fees of 1 academic year during admission

i m a student of 1st year btech and i live in indore,i want to change my college after jee result to a better college but the current college is asking for the whole second year fee to get the TC i have not even enrolled year and the second year session has not even started the college authority told me their is supreme court guidlines to take full year fee to give the TC(transfer certificate),but i checked those laws were old now it is not so?

Advocate Rakesh Kumar Vishwakarma answered
As per supreme court guide line,once you have taken admission in any college and have got your admission cancelled within 7days of the end of admission period,you can so by paying 10% of the tuition fee,but after this period you have to pay one semester tuition fee.

Q: How to claim from govt. over my land acquisition

Due a hydro power project my land is acquired by govt in 2013 (as per section 11 of 1894 act). But i didnt get my money till date and i have give passion to govt in june 2017. Do i came under new acquisition act 2013? Pls answer my quation?

Advocate Rakesh Kumar Vishwakarma answered
as the process of giving possession is done by you in the year of 2017, all the provision of THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 is applicable.