Your Q, His A :Personal Law

• 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....

• 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 If the complaint is withdrawn before the trial begins, there will be no legal proceeding and therefore, no effect on your qualification as an advocate.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 per cent 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 per cent 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.