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Article Published in the Express Magazine Dated
November 02, 2003
General Attorney : Rajiv K. Luthra
My father was allotted a flat by the DDA. My
father has expired now leaving behind a will in my
favour, which has not been probated. I have two
brothers. I applied to DDA for mutation of the
flat in my name but DDA is insisting on
“no-objection affidavit” from the only other legal
heirs of my father, namely my brothers. Can the
DDA legally insist on a no-objection affidavit
from non-beneficiary legal heirs?
Harpreet Saini
DDA can insist on a no-objection affidavit in the
event a will is not probated. However, if a will
is probated the DDA may relax the requirement of
no-objection affidavit from other legal heirs.
Therefore, you may get the will probated and then
apply to the DDA for exemption from the
requirement of no-objection affidavit and for the
mutation of the flat in your name. However, this
will involve time, money and effort apart from
considerable stamp duty obligation. Alternatively,
you may have to obtain a no-objection affidavit
from your brothers, who are the remaining
non-beneficiary legal heirs of your father, in
order to get the flat mutated in your name.
Two police cases have been filed against me
under Sections 323, 504 and 114 of Indian Penal
Code. I am presently pursuing my LL.B. Will this
disqualify me from becoming a lawyer? What shall
be the effect of a compromise?
Nikhil Kumar Shah
Under the Advocates Act, 1961, a person is
disqualified from enrolling as an advocate if he
is convicted of an offence involving moral
turpitude or an offence under the provisions of
Untouchability (Offences) Act, 1955. However, this
disqualification shall cease to have effect after
a period of two years have elapsed since his
release. The mere filing of a case against you
will not affect your enrolment at the Bar.
Even if the cases filed against you result in a
conviction, since the offences of voluntarily
causing hurt and intentional insult with intent to
provoke breach of the peace do not involve moral
turpitude, the conviction would not operate as a
bar to your enrolment.
If the complaint is withdrawn before the trial
begins, there will be no legal proceeding and
therefore, no effect on your qualification as an
advocate. However, if a compromise is reached
during the trial, it is termed as compounding of
the offence. The effect of compounding of an
offence is equivalent to that of acquittal.
Therefore, if the offence is compounded, you will
not be disqualified from practicing as a lawyer.
I have worked for a company till March 2003 as
Deputy General Manager on the promise that the
company would pay me 1% on their turnover as
consideration. I have not been paid till today in
spite of my demanding the dues on the pretext that
they have not made any profits. What course of
action can I take against the company?
M.R. Bantwal
In the situation that you have outlined a money
suit may be filed in a Court of competent
jurisdiction for the recovery of money from the
company.
In such a suit you would first need to prove that
a debt is due to you from the company. The first
step you need to take is gather proof of the
contract that entitled you to the 1% commission on
turnover as consideration. If the contract were a
written one, the document itself would be enough.
If the contract were an oral one, you would have
to produce witnesses’ testimony. After this you
would have to produce proof of the demands you
made on the company and the fact that the
consideration is still unpaid.
We would therefore advise you to consider the
option of filing a money suit for the recovery of
money in a Court of competent jurisdiction.
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