Advocate Viraj

Questions Answered by Advocate Viraj

Q: child name change in second marriage

Respected Sir/MadamI am widow and now I married again with divorce girl. She had a 4-year-old son.We have completed marriage as per Hindu shastra and apply for marriage certificate which we received. Now when I tray to change name of my son one of person told me you must have decree certificate by court. Now issue is that my wife taken divorce from sub registered with mutual concern.So please guide me simple process for decree or how can I change son name and add my name behind his.

Advocate Viraj answered
First, if your wife’s divorce was done only through a Sub-Registrar agreement, many authorities may not treat it as a final legal divorce. Under Hindu law, divorce normally requires a decree from the Family Court. That is why someone advised you to obtain a court decree.Regarding the child’s name, there are two possible options.The first option is only to change the child’s name or surname. For this, you can make a name-change affidavit, publish the change in two newspapers (one English and one local language), and then apply for a Gazette notification. After the Gazette publication, the new name can be updated in records such as school documents, Aadhaar, etc.The second option is if you want to add your name as the child’s legal father. In that case, the proper legal method is adoption under Hindu law. The step-father can adopt the child with the consent of the biological father, or through proper legal procedure if the father is not involved. After adoption, the child’s records can be updated with the adoptive father’s name.Because divorce validity and adoption matters involve legal procedures, it is advisable to consult a family lawyer who can guide you and help prepare the necessary documents.for more plz call me

Q: Cancel the marriage registration

My sister filed the marriage registration in municipal corporation without our parents consent or information, she flee from home and applied for marriage registration with someone, now what can we do ? Our family don't want this marriage, what can we do for cancel this application for marriage registration in municipal corporation ?

Advocate Viraj answered
First, we need to confirm whether the marriage registration process has been completed or is still pending before the Municipal Corporation. If the registration is still under process and the certificate has not yet been issued, we can immediately submit a written objection/representation before the concerned Marriage Registrar and take appropriate legal steps to stop the issuance of the certificate, depending upon the facts such as age, consent, or any legal violation. However, if the marriage has already been registered and the certificate has been issued, then cancellation cannot be done directly by the Municipal Corporation. In that situation, we will have to approach the competent court and file appropriate proceedings for declaration or annulment, depending on the legal grounds available under the applicable marriage law. Therefore, please first confirm the present status of the registration so that proper legal action can be advised.

Q: Cheque bounce and stop payment

Cheque has been issued for gst bill pending from 10 months and had been bounced once and after that it has been stop payment

Advocate Viraj answered
Since the cheque was issued against a GST invoice and has been dishonoured, and subsequently payment has been stopped, this constitutes an offence under Section 138 NI Act, subject to compliance of limitation requirements.We will need to issue a statutory demand notice (if not already issued within limitation). If limitation has expired, we may explore civil recovery proceedings. plz connect me ill guide you

Q: ક્રોસ એક્ઝામિનેશન ચાલુ રાખવા માટેની પ્રક્રિયા માટે

ક્રોસ એક્ઝામિન લંબાવવા માટેની પ્રક્રિયા શું હોય?અરજી કેવી રીતે કરાય કોને કહેવી અરજીની પ્રક્રિયા શું છે

Advocate Viraj answered
hello ah mate tamre vakil rakhva pade. court ma advocate rakhi ane pachi ah process kri sake h. tame arji na kri sako……… vadhre mahiti mate samparkh kro. case keyo che su matter che ah janvi pela jruri che

Q: property transfer issue after death

my aunt is dead 3 months ago and her husband i mean my uncle also dead 10 years ago and they lived with us in family since starting.the uncle and aunt has no any child .can our other family member claim their property?

Advocate Viraj answered
Before I can give you any definite legal opinion regarding whether any other family member can claim your late aunt’s property, I will need some essential details. The most important point is to understand the nature of the property — whether it is ancestral property or self-acquired property. Please clarify in whose name the property currently stands and whether it consists of movable assets (such as bank balance, fixed deposits, jewellery, etc.) or immovable property (house, land, flat). It is also necessary to know under which personal law succession will apply, meaning the religion of your aunt. Further, please confirm whether your aunt left behind any Will, registered or unregistered. If there is no Will, then succession will depend on the legal heir structure at the time of her death. Kindly inform whether her parents are alive, whether she had any surviving brothers or sisters, or any adopted children. Since her husband passed away ten years ago, it is also relevant to know whether his succession was completed and how his property was distributed at that time. Please share copies of the death certificates and property documents for proper legal evaluation. Without examining these aspects, it would not be appropriate to give a final view on entitlement.