Advocate Vipul B Sundesha

Questions Answered by Advocate Vipul B Sundesha

Q: Regarding non creamy layer certificate for divorced woman's child.

My previous question still not replied,I have same issue as asked previously, Hindu Parents separated in 2013, soon getting divorced. Dad has no contact nor pays for us in ANY manner. It's hard to make ends meet with mom's private job n 20k salary. I'm in college brother in class 11. Dad is AAO or by now maybe AO in Acc. Gen's Office, probably earns over 6lakhs p.a. but we don't benefit from it. Can I avail OBC Non Creamy Layer reservation for a govt job? Though my father earns so much, in reality the annual income we thrive on is only around 2.5 lakhs p.a. earned by mom. Is it fair that reservation is meant for financially weaker people like us but still we can't avail it?

Advocate Vipul B Sundesha answered
Sir/Madam, Non creamy layer reservation is reserved for those who lie under the particular criteria. if you are not from other backward class then you cannot avail OBC Non creamy layer reservation. But if you are coming from OBC quota then your father or mother must have obtained the Non creamy layer certificate in their name as per the Rules and Regulations laid down by the Government, On basis of that certificate you can apply for Government job. Though you are financially weak but if you do not come under the rules laid by the Government for OBC quota then, you are not eligible to get Non creamy layer reservation certificate. Thank you, Vipul B. Sundesha Advocate, Gujarat High Court

Q: Documents required to be submitted at the time of cheque bounce case

whether all the original documents must be submitted at the time of complaint u/s 138 of N.I.Act? Who is responsible for missing during the trial?

Advocate Vipul B Sundesha answered
Sir/Madam,1. When you are filing a complaint u/s 138 of the N.I.Act, all the original documents which shows the reason for cheque bounce like bank statements, original cheque, cheque return memorandum, notice under the N.I.Act, shall be produced before the Negotiable Act Court. 2. The original cheque which is bounced shall be produced and submitted before the court during the stage of evidence and it will be under the custody of the hon'ble court only. So, there will be no chance of missing or misplaced of the original documents. Thanks,Vipul B. SundeshaAdvocate, Gujarat High Court

Q: Procedure for name change in the property documents

My father name in land record is ramsingbhai... But in all documents name is mansingbhai.... Grandfather's name is same...my question is how to change name in land record??? What is procedure?????

Advocate Vipul B Sundesha answered
Following is the procedure for Change of name in Land Record1. Affidavit > If your Father is Alive In that case, your father will have to file an affidavit declaring the facts that a person namely Ramsinghbhai and Mansinghbhai are the same person. In evidently the same person is refferred and known with both the names > Your father is not Alive : In that case, either the wife or any of the son or daughter will have to make an affidavit in the manner as described above.2. SubmissionAfter any of the above affidavit is prepared then the person affirming the Affidavit will have to submit the documnets theron supporting the contains of the Affidavit and those supporting documents with the Affidavit shall be submit and produced before the Office of Official gazette at Rajkot, Gujarat State3. Declared in gazetteAfter the concerned Gazetted officer while considering the Affidavit and supported Documents, will decide accordingly and subsequently through official Gazette name will be declared.4. Procedure for name change in Land RecordOnce, the name is declared through Official Gazette and after obtaining the same it shall be produced before the Office of Concern Mamlatdar with the detailed Application for changing the name in Land Record and after considering the contentions of your Application to mutate the entry. The Office of Mamlatdar will mutate the entry in the Revenue Record in accordance with law.Thank you,Vipul B. SundeshaAdvocateGujarat high court