Showing posts with label FAQ. Show all posts
Showing posts with label FAQ. Show all posts

How to Apply for Passport - Checklist for Passport Applicants,


Checklist Passport Applications ::

(1) While applying for a fresh passport attach two copies of the following documents:

(a)  Proof of address (attach one of the following):

Applicant’s ration card, certificate from Employer of reputed companies on letter head, water /telephone /electricity bill/statement of running bank account/Income Tax Assessment Order /Election Commission ID card, Gas connection Bill, Spouse’s passport copy, parent’s passport copy in case of minors. (NOTE: If any applicant submits only ration card as proof of address, it should be accompanied by one more proof of address out of the above categories).

(b)  Proof of Date of Birth (attach one of the following):

Birth certificate issued by a Municipal Authority or district office of the Registrar of Births & Deaths;

Date of birth certificate from the school last attended by the applicant or any other recognized educational institution; or an Affidavit sworn before a Magistrate/Notary stating date/place of birth as per the specimen in ANNEXURE ‘A’ by illiterate or semi-illiterate applicants.

N.B.: In the case of applicants born on or after 26.01.89, only Birth Certificate issued by the Municipal Authority or the Office of the Registrar of Births & Deaths is acceptable.

(c)  Citizenship Document if applicant is a citizen of India by Registration or Naturalization.

(d) Government/Public Sector/Statutory body employees should submit “Identity Certificate” in original (ANNEXURE B) along with Standard Affidavit Annexure I.

(e)  If the applicant is eligible for “ECNR” attach attested copy of supporting document (see COLUMN 15 of the INSTRUCTIONS AND GUIDELINES FOR FILLING UP THE APPLICATION FORM).

(f)  If the applicant was repatriated at Government cost, enclose documents to show that the expenditure, if any, incurred by the Government of India on his/her repatriation has been fully refunded to the Government of India, Ministry of External Affairs.

(g) If the applicant was ever deported to India, give details of Emergency Certificate/Passport.

(2) When applying for reissue of a passport after 10 years, attach:

(a)  Old passport in original with self-attested photocopy of its first four and last four pages, including ECR/ECNR page.

(b)  Document mentioned at (1) (d), if applicable.

(c)  Document mentioned at (1) (e), if the old passport did not have ECNR stamp or it was issued when the applicant was a minor.

(d)  If there is any change in address, document mentioned at 1 (a).

(e)  If the old passport does not contain spouse name, copy of marriage certificate issued by the Registrar of Marriage or affidavitas per specimen in Annexure `D’.

(3) When applying for a minor’s passport attach:

(a)  A Declaration affirming the particulars furnished in the application about the minor child as per ‘Annexure-H (signed by both parents), Annexure “C” (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock),  Annexure “G” (when passport is being applied for by single parent or legal guardian) .  Annexure “I”   (when a minor between 15-18 years of age applies for a full validity 10 year passport OR in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be.

(b) Attested photocopy of passport, if any, of both parents, applicable.

(c) Original passports of parents should be presented for verification of particulars.

(d)  If one parent is resident abroad, a Sworn affidavit by the parent resident abroad attested by the Indian Mission along with affidavit from parent residing in India as  well be submitted.

N.B.: Ordinarily the consent of both parents is required for issue of a passport to a minor (below 18 years of age).   However if it is absolutely not possible due to any reason, the parent applying for a passport for his/her minor child may submit an affidavit (Annexure G) and based on the same passport application will be processed.  In case where the parent(s) is/are resident outside India, such consent from the parent(s), in the form of a sworn affidavit, duly attested by the Indian Mission abroad, is acceptable. In the cases where the minor children who are less than 18 years of age, the details of valid passports held by BOTH OR EITHER parents should be furnished. In such cases, passport to their minor child will be issued without any police verification basis. Further, in the cases where the parents do not hold valid passports, applications for such minors can be made on the basis of three documents of parents details of which are given in para C(B) of Section IV of the Passport Information Booklet along with Standard Affidavit Annexure I. In all such cases, passport to their minor child will be issued on post-police verification basis. Children of all ages including new born must apply for separate passports.  However, those below 15 years will be given 5 years validity passport or passport till 18 years of age. In case the minor child who is between 15 and 18 years of age wishes to obtain a full validity passport for 10 years, the same can be issued only on post-police verification basis on submission of Standard Affidavit as in Annexure “I”and three of the 14 document of parents details as mentioned in para C (B) of Section IV of Passport Information Booklet and on payment of fee equivalent to the normal passport fee i.e. Rs. 1000/- for a 36 pages passport, as applicable for an adult. In the case of single parents or of parents who are separated but not formally divorced, an affidavit at ‘Annexure C is to be submitted.

 For Adopted Children:

In case of Adopted Children the following documents are to be furnished:

i) Valid adoption deed registered as per Indian laws
ii) In the case of Christians, Muslims and Parsis, a court order granting guardianship and allowing the child to be taken out of the Country.
iii) Copy of the guarantee executed before the Court concerned.

(B) CHANGE OF NAME

I.    Following marriage, remarriage or divorce:
(a) A woman applying for change of name/surname in existing passport due to marriage must furnish:
(i)  Photocopy of the Husband’s passport, if any, and
(ii) An attested copy of marriage certificate issued by Registrar of Marriage OR an affidavit from the husband and wife along with a joint photograph, (Specimen at Annexure D).
(b) Divorcees applying for change of name OR for deletion of spouse’s name in existing passport must furnish

 (i) Certified copy of Divorce decree.
(ii) Deed poll/sworn affidavit (ANNEXURE ‘E’)
(c) e-married applicants applying for change of name/spouse’s name must furnish:
 (i) ivorce deed/death certificate as the case may be in respect of first spouse, and
(ii) Document as at (a) above relating to second marriage.

II. In other circumstances for change of name, the applicant (both male and female) should furnish:              

(i)  Deed poll/sworn affidavit (ANNEXURE ‘E’):
(ii) Paper cuttings of two leading daily newspapers in original (one daily newspaper should be of the area of applicant’s permanent and present address or nearby area).

(C) OUT OF TURN ISSUE OF PASSPORT UNDER TATKAAL SCHEME

(A) If an applicant desires to obtain his passport under the Tatkal Scheme, a Verification Certificate as per the specimen at ANNEXURE ‘F’ and Standard Affidavit as Annexure “I” should be submitted along with the TATKAAL fee.  The Passport Issuing Authority shall retain the right to verify in writing the authenticity of the Verification Certificate from the official who has issued it.  All applicants seeking a passport out of turn under the TATKAAL Scheme are advised to submit their application, documentation and fee as specified below. No proof of urgency is required for Out-of-Turn issue of passport. Post Police Verification shall be done in respect of all passports issued under the Tatkaal Scheme.

 (B) The applicant also has the option to obtain a passport under Tatkal Scheme on submission of three documents from the Fourteen documents as mentioned below, provided one of the three documents is a photo identity document and atleast one of the three is amongst the documents indicated at (a) to (i) and a Standard Affidavit (Annexure “I”)  on non-judicial stamp paper duly attested by a Notary:

(a) Electors Photo Identity Card (EPIC);

(b) Service Photo Identity Card issued by State/Central Government, Public Sector Undertakings, local bodies or Public Limited Companies;

(c) SC/ST/ OBC Certificates;
(d) Freedom Fighter Identity Cards;
(e) Arms Licenses;
(f) Property Documents such as Pattas, Registered Deeds etc.;
(g) Rations Cards;
(h) Pension Documents such as ex-servicemen’s Pension Book/Pension Payment order, ex-servicemen’s Widow/Dependent Certificates, Old Age Pension Order, Widow Pension Order;

(i) Railway Identity Cards;
(j) Income Tax Identity (PAN) Cards;
(k) Bank/ Kisan/Post Office Passbooks;
(l) Student Photo Identity Cards issued by Recognized Educational Institutions;
(m) Driving Licenses; and
(n) Birth Certificates issued under the RBD Act
(o) Gas Connection Bill

(All above documents to be produced in original along with self-attested copies)

The TATKAAL fee is in addition to the applicable passport fee and payable either in cash or DD in favor of Passport Officer concerned.  The additional fee for out of turn TATKAAL passport, would be as follows:

Fresh Passport
1. Within 1-7 days of the date of Application Rupees 1,500/- plus the passport fee of Rs.1000/-
2. Within 8-14 days of the date of Application Rupees 1,000/- plus the passport fee of Rs.1000/-
Duplicate Passport (in lieu of Lost/Damaged Passport)
1. Within 1-7 days of the date of Application Rupees 2,500/- plus the duplicate passport fee of Rs.2500/-
2. Within 8-14 days of the date of Application Rupees 1,500/- plus the duplicate passport fee of Rs.2500/-
Re-issue cases after expiry of 10 years validity
1. Within 3 working days of the date of application Rupees 1,500/- plus the passport fee of Rs.1000/-

(D) For issue of passports to owner, partners and directors of Companies which are members of CII, FICCI & ASSOCHAM,the applicants have to submit Verification Certificate as at Annexure “J” along with Standard Affidavit at Annexure “I”.

 (E)  In case an applicant is in possession of a Verification Certificate (VC) and or three (3) documents as mentioned in para C(B) (a) of Section IV, and Standard affidavit as in Annexure-I, but does not wish to pay the additional fees as required under Tatkaal, he/she will be issued passport on post- police verification basis in the normal course.

(F) CASES OF LOST/DAMAGED PASSPORTS:  The applicant has to fill the passport application form and submit the same along with following deeds:

i) FIR in original ii) First and last four pages of old passport. iii) If there is any change in address, proof of address.

Source :: GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS CPV DIVISION, DELHI
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Registration of Partnership Firm… Why? and How?




      You may want to start a partnership firm with some of your acquaintance. One may wonder whether to register his partnership firm or not when it is not statutorily compelled. Yes, the registration of Partnership in India is not compulsory under Indian Partnership Act 1932. Yet, the unregistered partnership firms lack certain advantages in its future business course. For example, in the unregistered firm the expenses viz., payment of salary, commission, interest on borrowings or drawings are not considered as allowable expenses for determination of total income for payment of tax. Is that it? No… there are more which is detailed below.

1. Procedure of Registration

      Entrepreneurs desirous of setting a partnership firm should apply in the prescribed form (Form No. 1) to be submitted to the Registrar of Firms on their jurisdiction with prescribed fee. The application must be signed by all the partners or their authorised agents.

The application contains the following details:

     • Name of the firm

     • Place of Business.

     • Name and Address details of a Partner

     • Date of formation of business

     • Date of Joining the Firm.

     • Duration of the firm.

     The duly filled Form 1 shall be submitted along with the required proof before the Registrar of Firms. The details will be verified and then the register will issue the certificate of registration.

Consequences of Non-Registration:

An unregistered firm cannot file a suit  against a third party in its name to enforce its legal rights.

Partners of an unregistered firm cannot file any suit to enforce a right against the firm.


The firm might be disabled from participating certain Tenders or contracts which mandates the registration of the partnership firm.

     So, needless to add the registered partnership firms avail vice versa of above limitations. It is further advisable to consult a competent lawyer to proceed with the registration of your firm.

Disclaimer: The above contents are mere information and shall not be considered as legal opinion.


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How to Register Marriage in Tamil Nadu

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REGISTRATION OF MARRIAGE IN TAMIL NADU

The Government of Tamil Nadu by Act No. 21/2009 and G.O.(Ms) No. 987 Home (Courts IV) Department dated 24.11.2009 has made it compulsory the registration  of all marriages of all persons who are citizens of India  belonging to various religions in this State. This has came into effect from 24.11.2009.

The marriages, even though registered under the Hindu Marriages Act, 1955, the Indian Christian Marriage Act 1872, the Special Marriage Act 1954, the Mohammadian Shariat Marriage Act and all other marriages done under any other law, are required to be compulsorily registered under Section 3 of this Act as well. Failure of Registration of marriage within 90 will attract penalty and penal action.

PROCEDURES OF REGISTRATION

I.     Registration of Marriage under Hindu Marriage Act

II.   Registration of Marriage under Tamil Nadu Registration of Marriage Act

III.  Registration of Special Marriage


I. Registration of Marriage under Hindu Marriage Act

Eligibility:

Registration of Hindu Marriages Solemnized and granting of extract of marriages registered

Ø  Marriage solemnized under Hindu Customs/non-customary
Ø  Bridegroom/Bride should have completed 21/18 years respectively
Ø  Both of them should be Hindus, Buddhist or Sikhs
Ø  Proof of Marriage



Jurisdiction:

Anyone of the following place should fall within the jurisdiction of the Registering officer:

Ø  Residence of Bride
Ø  Residence of Bridegroom
Ø  Place of Marriage solemnization


Proof required for registration

The following proofs of marriage, residence and age shall be given at the time of registration

          1.    Proof of Marriage

Ø  Wedding Invitation (or)
Ø  Temple Marriage receipts (or)
Ø  Any proof of marriage solemnization

          2.    Proof of Residence

Ø  Employee ID Card (or)
Ø  Ration Card (or)
Ø  Driving Licence (or)
Ø  Passport

         3.    Age Proof

Ø  Birth Certificate (or)
Ø  School/College Certificate (or)
Ø  Passport

In addition to the above, the memorandum of application to be submitted in duplicate along with 6 passport size photograph for bride and bridegroom.

2. Registration of Marriage under Tamil Nadu Registration of Marriage Act

Eligibility:

Ø  Marriages solemnized under any personal law can be registered.
Ø  Bridegroom/Bride should have completed 21/18 years respectively
Ø  It can be registered within 90 days without fine and within 90-150 days with fine. After that it can't be registered.

JURISDICTION

Ø  Solemnization of Marriage shall fall within the Jurisdiction of the Registering Officer

Proof required for registration

The following proofs of marriage, residence and age shall be given at the time of registration

        1.   Proof of Marriage

Ø  Wedding Invitation (or)
Ø  Temple/Church Marriage receipts (or)
Ø  Any proof of marriage solemnization

      2.   Proof of Residence

Ø  Employee ID Card (or)
Ø  Ration Card (or)
Ø  Driving Licence (or)
Ø  Passport

      3.   Age Proof

Ø  Birth Certificate (or)
Ø  School/College Certificate (or)
Ø  Passport

In addition to the above, the memorandum of application to be submitted in duplicate along with 6 passport size photograph for bride and bridegroom.


III. Registration of Special Marriages

Ø  Marriages solemnized before the Registering officer or in any other form.
Ø  Bridegroom/Bride should have completed 21/18 years respectively.
Ø  Anyone of the following place should fall within the jurisdiction of the Registering officer:

1)   Residence of bride
2)   Residence of bridegroom

Ø  Proof for all the above shall be given.
Ø  Notice of intention of marriages.
Ø  If no objection for the marriage is received within 30 days from the notice, marriage will be registered.
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What is the of Hindu women rights on father's property?

n 1985 my father's property was distributed between my 3 brothers and they have not given any share to me. They have not taken my acceptance in the agreement they have made after my father's death. Now I am seeking the legal openion whether I can fight for my rights in the court of law. What is my rights and whether if I fight in the court shall I win the case. Please give me your answers with reference to the Indian Penel code and rights act.

Answers:
First the inaccuracies in the question:(grammar excepted)
(1) Question relates to share of a woman whereas the questioner's name denotes a male. Confusion arises by the use of "my" in the question. (2) Between is an inappropriate word while involving more than two persons ; it should be replaced by "among". (3) Reason for remaining silent for 22 years is not explained. There ia a law of limitation and this long delay has somehow to be explainable within the ambit of that law, to even gain an entry pass ("admission" of the case, in legal parlance).(4) Indian Penal Code is not applicable in civil matters. There is no Rights Act by that name but other relevant laws are there.
Presumption:(1) The questioner is a female and has asked the question through this questioner, who assists the former.
Thus the answer is given basing that it relates to the share of property in her father's estate (2) Her father died intestate that is leaving no will (3) She and her father are Hindus.(4) There are no other ClassI legal heirs
Answer:
(1)Since the property distribution, now sought to be assailed, took place in 1985, the Hindu Succession Act, as it stood then, did not provide any coparcenary rights to Class I female legal heirs.
(2)So, any property devolved from her grandfather to her father, being coparcenary property would not get subjected to any share for her.
(3) Any property self-acquired by her father, would be his separate property and she can claim equal share in that that is 1/4 share. If her mother and/or her grandmother was alive at the time of the death of her father, they too being class I heirs, would get equal share that is the ratio would get reduced as the denominator in the fraction increases to the actual number of Class I heirs at the time of death of her father.
(4) What was the profession of the deceased ? If he was an agriculturist only, then the real source of funds for acquiring the "separate property" described above, may be called in question by the brothers in their self-interest and ascribed to be the earnings from out of the coparcenary property. such claim may mire and elongate the legal proceedings.
(5) The "distribution" is not defined. If it was by a partition deed, registered, then the issue of explaining inaction all these years would be rendered very difficult to save limitation.
(6) If it was by "private partition" /Parikat/Palupatti/panchnama/ oral arbitration by community leaders leading to a memorandum of understanding signed by the persons partitioning, then entry of such partition, would not be there in Sub-Registrar's office and if an Encumbrance Certificate is applied for say 30 years, it will be "nil", if no other transaction has taken place with respect to the property in dispute. Then the claimant can plead that she never knew of this fact of partition excluding her and not bothering for her consent.
Steps:
(1) Approach a lawyer with full details of the property in dispute, with documentary evidence as to the property, like Certified Copes and ECs obtained from Sub0Registrar's office, latest copy of the record of rights/RTCpahani/khatihan/patt... etc and geneological tree and legal heir certificate from Tahsildar/Anchal Adhikari/Circle Officer, AND death certificate of the deceased person
(2) Get a notice issued by the lawyer, addressed to the brothers of the claimant, demanding partition of the property, and claiming her share. (go by the lawyer's advice as to the advisability or otherwise of the mention of knowledge of the partition that has already taken place, examining it under limitation angle)
(3) Depending upon the response, which would be mostly negative, prepare for filing a Partition suit. Adhere to lawyer's advice and get yourself ready on dates fixed for evidence.
Cost: Differs from State to State. Court fee will be assessed by the lawyer.
Fees: Negotiate and settle lump sum fee for the case and stagger the payment to the lawyer in stages as per progress of the case, in your interest.
Time: About 2 to 4 years. Appeal preferred by anyone may take another 2-3 years.
Advice: Have a cost benefit assessment and decide. If intervention of community elders is of any use, try that to save time,money and energy as well as maintaining filial relationship
A Hindu woman has right not only on the self acquired property of her father even on the ancestral property under the Hindu Succession Act, 1955. Section 6 of the said Act clearly provides: Devolution of interest of coparcenary property. - When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act.

Provided that, if the deceased had left him surviving a female relative specified in class 1 of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

Explanation 1.- For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

Explanation 2. - Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.

In this case (Mitakshara)such a female is the legal heir specified in class 1 of the Schedule as a daughter & hence the provision of the Hindu Succession Act will apply in the distribution of such an ancestral property as given in the above mentioned proviso. Recent Supreme Court Judgment with regards to this, you can go through is Civil Appeal no 4171 of 2006 Anar Devi and Ors V/s Parmeshwari Devi and Ors dated 18/09/2006. With the amendment of section 6 of the above mentioned Act, in 2005 the daughter of a coparcener shall,-(a) by birth become a coparcener in her own right in the same manner as the son;(b) have the same rights in the coparcenary property as she would have had if she had been a son;(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener. The benefit of bringing this change is to ,-(a) the daughter is allotted the same share as is allotted to a son;(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be. Under section 8 , 9 & 10 of the Said Act the Hindu daughter is heir of class one category & she has equal right & share in the property of her father self acquired property as her brothers.

Source:http://www.freelawanswer.com/law/2258-law-4.html
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Is it compulsory to do dissolution of partnership on a stamp paper or simply plain paper notarised is okay?



Image source: www.syamaprasadinstt.org

Dissolution of Partnership firm can be at will and also as per the agreement entered into between the parties or any time frame fixed for it (efflux of time). The other one is that when one of the two partners ceases to exist.

Registration of Partnership deed is not necessary under law though, registration gives certain advantages. If the partnership deed is a registered one, it is all the while necessary to cancel the deed by way of cancellation registration.

If it is unregistered one, the firm can be dissolved by way of an agreement between all the partners on a stamp paper duly notarised. This is advisable to ward of future litigation.
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