Question: My father is having illegal relations with my paternal aunt. They have discretely registered their marriage after my mother demise. I am the only daughter of my father and now married. My father is reluctant to give my educational certificates. Can i have the share in property in future? Can i avail the benefits of family pension scheme? My aunt has 3 children from first marriage, can i suspend pension of my stepmom in future?
Being a daughter, you have right in the property of your father if he dies intestate. In India, if a father dies intestate (without a will), his property will be inherited by his legal heirs. In the absence of any sons, his daughter will be his sole legal heirs and will inherit his entire property.
Until marriage you have the right to get a portion of family pension because your father is refusing to maintain you. However, in this situation you can also claim maintenance from your father in Section 125 of the code of criminal procedure.
Your father has no right to retain your educational certificates. You should submit a representation to the state woman commission against the illegal retention of your certificates by your father. Don’t engage police authority for taking certificates from your father because it may further worsen your relations with your father.
If an FIR (First Information Report) was filed against you in the past and the case has been closed in 2022, you may still be eligible to apply for a new passport. However, it’s essential to follow the correct procedure and provide the necessary documents during the application process and police verification.
Here are some general steps you can consider:
- Collect documents: Gather all relevant documents related to the FIR and the closure of the case. This may include a copy of the FIR, court orders, or any other documents proving that the case has been closed.
- Police clearance certificate (PCC): To apply for a passport, you will likely need to obtain a Police Clearance Certificate (PCC) from the police station having jurisdiction over your place of residence. The PCC certifies that you have no pending criminal cases against you.
- Online application: Apply for a new passport through the Passport Seva website (www.passportindia.gov.in). Fill out the application form accurately, providing all required details and supporting documents.
- Police verification: After submitting your application, a police verification process will be conducted. During this process, the police will visit your residence and verify the information provided in your application, including your criminal record.
- Submit supporting documents: During the police verification, you may need to present the documents related to the closure of the FIR and the case. This could include the court order stating that the case has been closed.
- Follow up on the application: Regularly check the status of your passport application online and respond promptly to any communication from the passport office or police department.
Keep in mind that the specific documents required and the procedures may vary depending on the details of your case and the passport office’s guidelines. It’s essential to provide accurate and truthful information during the application process.
Can I get complication certificate after completing construction in violation of law? I own a corner plot in HUDA with a green belt of approximately 5 feet, and I have completed the construction of my house, including a side balcony. Now I need to obtain a completion certificate. Is there any provision to apply for the certificate with any penalties or charges? Please provide guidance.
Asked from: Haryana
Yes, there is a provision for you to apply for a completion certificate for your house, even though you have a side balcony. However, there will be a penalty of Rs. 5000 for the side balcony.
The Haryana Urban Development Authority (HUDA) has a provision for issuing completion certificates to houses that have been constructed in accordance with the approved building plan. The completion certificate is a necessary document for selling or renting your house.
In your case, since you have a side balcony, which is not permitted in the approved building plan, you will have to pay a penalty of Rs. 5000. You can apply for the completion certificate online or at the HUDA office.
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Question: Whether ACB can arrest accused person without register an FIR? It is alleged that, Complainant went to Police station on 24/03/2023, and met the applicant accused. it is alleged that, the applicant accused demanded Rs. 1,00,000/- from the complainant for helping him in his Anticipatory bail application pending before Hon’ble Addl. Sessions Court, the alleged amount of bribe was not accepted by the applicant though there was a trap arranged on 27/03/2023. thereafter the bail application of the applicant filed before Hon’ble Ad(ll. Sessions Judge was rejected on 06/04/2023. Therefore, the complainant lodged by a complaint with ACB on dated 17 May 2023 but the applicants accused was arrested before few hours without register an FIR. If the accused was arrested before the FIR is filed, what action should be taken next?
In this instance, the ACB was required to file a formal complaint against the individual in question. It was not necessary to file a First Information Report (FIR) at this particular stage. If the ACB intended to take further action against the accused, such as conducting trap proceedings or making an arrest, they were obligated to document a “fard” which would later be converted into an FIR.
If the aforementioned procedures were not followed by the ACB, your arrest and detention would be deemed unlawful. You possess the right to seek bail and compensation from the state government for the illegal detainment.
To address the entire course of action, it is advisable for you to file a writ petition in the High Court under Article 226 of the constitution, seeking the annulment of the entire proceedings.
Cancellation of transfer order on medical ground. While wife is 4 months pregnant and employee is a TB patient. in this condition company issued transfer order to the employee without prior notice. Can we cancel this transfer order for medical reason.
To address the cancellation of a transfer order on medical grounds legally, follow these steps: First, understand your legal rights and protections by reviewing local labor laws and employment regulations that might protect employees from transfers during medical treatments or family medical needs. Look into specific laws related to the protection of employees with health conditions,
Next, review the company’s internal policies regarding transfers, particularly those related to medical or compassionate grounds, and check the employment contract for any clauses related to transfer orders and the conditions under which they can be challenged or modified.
Obtain detailed medical documentation from healthcare providers, including a letter from the obstetrician confirming the pregnancy and the necessity of stable healthcare, and a letter from the treating physician detailing the TB diagnosis, treatment plan, and the need for ongoing medical care.
Prepare a formal written request to the employer to cancel the transfer order, including a clear explanation of the medical reasons requiring the cancellation, relevant medical documentation, and a request for accommodation based on medical necessity.
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