Advocate Sohail Haque

Questions Answered by Advocate Sohail Haque

Q: Indian Citizenship for Child Born in Canada

Hi, my wife & I are Indian citizens living in Canada. Being born in Canada, our child is a Canadian citizen by birth. However, we wish to live in India & have Indian citizenship for her. Can we get her Canadian passport & OCI/visa now and apply for her Indian citizenship (by descent) when we are back to India? What is the process? Please note that Canadian govt. doesn't allow parents to renounce Canadian citizenship for a minor.

Advocate Sohail Haque answered
1. Parents seeking to register birth of their minor child born outside India can submit an application under Section 4(1) of the Citizenship Act, 1955 in Form I to the Indian Consulate in any country together with a declaration that the child does not hold passport of any other country.2. Under the citizenship Act, all babies born in Canada are automatically granted Canadian citizenship except for children of foreign diplomats. 3. To renounce Canadian citizenship, one must be atleast 18 years, not live in Canada and prove that he/she will become a citizen of another country once application to renounce is approved.In the limited circumstances stated by you and in my opinion you must submit a letter to the Indian Consulate in Canada explaining your present situation and your desire to obtain citizenship for your child in future. Make sure you retain an acknowledgment receipt of the said letter. Thereafter, you may act as per the response of the Indian Consulate or wait until your child attains 18 to apply for Indian Citizenship by descent.Regards,Sohail HaqueAdvocate CounselLL.M (LONDON) & NCA QUALIFIED (CANADA).

Q: Matrimonial fraud Case And Extortion

Going to file MCD in july .But doubtful that wife might not come or ask more money.Money given during agreement signed for taking back cases 498and domestic violence infront of police.Have recording of proof for the same. Need advice what cases can be filed against wife and her parents for breach of agreement? Can the amount given during agreement be recovered.? Can cheating and extortion case be filed and defamation case aswell? I am hindu by religion

Advocate Sohail Haque answered
Dear Querist,On the basis of the facts given in your query, you can do the following:1. Since you already have the executed Settlement agreement, you can place in record the said Agreement in all the judicial forum and the concerned police station and you shall be in a safer position for that particular cause of action.2. In case of breach of Agreement, you can file cheating and extortion case only if she usurps the money and as well as violates the Settlement Agreement.

Q: Breaking the rules Training Agreement

Sir,After my graduation i have signed a training agreement in Rs 10 Non judicial paper of Rs 250000 for 3 years after completion of training. The training was of 5 months. I have worked for 1 month after training and now i want to quit the job.Such an amount is real burden. Do i need to pay the amount? What if i don't pay? Will I go to jail?

Advocate Sohail Haque answered
Dear Querist,First of all check the terms & conditions of your training Agreement with a special emphasis on the termination clause. Most of the times these companies execute agreements which contains loop holes and they are basically executed to scare the employees without the company being able to and/or capable of executing the Agreement in a judicial forum.However, if the Agreement is well drafted and has the appropriate clause then the company can seek both civil and criminal actions against you.But as a matter of conscience when you have with your free will have executed the Agreement you morally ought to abide by the Agreement and cannot just whimsically think of jumping the Agreement without any valid and strong reason for it.

Q: Breach Agreement for Devolopment

Sir, With due respect & humble submission I beg to state that I have given my land to a promoter and he breached the agreement and he stopped the house rent without notice 1 year ago. He refused to give me the compensation. He didn't prepare F.A.R and payment schedule. In the above circumstances you can see my problems. If you tell me what can I do now I will be oblige their by. Awaiting for your early response. Yours faithfully Arya Brata Chattapadhaya

Advocate Sohail Haque answered
Dear Querist,1. Please check whether the Development Agreement which was executed contains an arbitration clause or not and also check the terms & conditions.2. Send him a Demand Notice enumerating all your rights and accordingly the same being fulfilled within 15 days.3. If not fulfilled then terminate the Development Agreement after filing a Caveat in the appropriate judicial forum.4. Now if you have claims then file an application under Section 11 of the Arbitration & Conciliation Act, 1996 and if you want to seek any interim relief file an application under Section 9 of the said Act.The above opinion is based on the contents expressed in your query and may vary after perusal and knowledge of the actual documents and facts of the case.

Q: Relative not returning my documents

My realtive is not returning my itr files since many tears

Advocate Sohail Haque answered
Write a letter demanding the return of your file and also clearly mention that if he does not return, you shall be constrained to file a complaint against him before the Police and other appropriate authorities.