Advocate Aditya Kumar

Questions Answered by Advocate Aditya Kumar (25+ answers)

Q: Parental Physical Share scripts moving to IEPF, BENAMI A/c

Parents expired 3 decades before.Their share scripts are still in physical form.Now, the dividends and scripts are slipping into IEPF, and then to BENAMI fund.We were 3 siblings. Our elder brother expired 11 years before.My sister and I both are 70+. Our Bhabi 70+. Bhabi+ Bhatiji+ Bhatija are not cooperating for SMC ( SURVIVAL MEMBER CERTIFICATE) . Share scripts upto 5Lac single folio can be claimed without much hassle. It is very convenient. How can we get SMC in Delhi in this case ?

Advocate Aditya Kumar answered
To get a Surviving Member Certificate (SMC) in Delhi when some family members are not cooperating, you and your sister (being senior citizens and direct legal heirs) can separately apply at your area SDM office or online on the Delhi government portal with your parents’ death certificates, your ID/address proofs and a list of all surviving family members, explaining in a written affidavit that your bhabhi, bhatiji and bhatija are not willing to sign; the SDM has power to verify the facts through neighbours/witnesses and issue the SMC if satisfied, even when all heirs do not personally cooperate, after which you can use that SMC along with, if needed, a succession certificate from the district court to get your parents’ physical shares transmitted in your names and then file claims for any amounts already moved to IEPF.

Q: Property protected by ATMCD in pitampura delhi need advise on mcd book

HiMy question is that my flat is in group housing society and was purchased by me in 2019. Mcd booked flat on some complaints by neighbor along with 15 other flats.I appealed in ATMCD and it gave judgement in my favor that property is protected under delhi special protection act 2007. Will mcd now unbook the same?

Advocate Aditya Kumar answered
Since the ATMCD has already given a judgment in your favour that your flat is protected under the Delhi Special Provisions law, MCD is legally expected to follow that order and should not take demolition or sealing action for the period for which protection is granted. Practically, you or your lawyer should take a certified copy of the ATMCD judgment to the concerned MCD office, give a written application asking them to remove the booking on your flat, and keep copies/receipts of whatever you submit. If, after this, MCD still refuses to “unbook” the flat or continues to threaten action, you can approach the ATMCD again or file a writ or contempt petition in the Delhi High Court showing that MCD is ignoring the tribunal’s order, and the court can then direct MCD to remove the booking and not harass you further.

Q: Can i file dowry 498A case after 1 year of filing DV act and naintenan

Can i file dowry case after 1 year of fling DV act and maintenance

Advocate Aditya Kumar answered
Yes, you can still file a dowry case (498A IPC / relevant sections) even after 1 year of filing DV Act and maintenance case. There is no strict time limit for dowry harassment cases as long as the cruelty or demand is connected to marriage. Filing DV and maintenance does not stop you from filing dowry case. However, delay can be questioned, so you should explain the reason for delay properly in your complaint.

Q: Wedding Photographer Delay & Non-Delivery

I hired a Delhi-based wedding photographer under a written contract promising photos in 15–21 days and videos in 45–60 days. ~11 months later, only one album (groom) is delivered; bride album, portraits, and all edited digital deliverables (photos, videos, reels) are pending. ~95% payment already made. Photographer demands balance before delivery. Partner exit not disclosed. I live abroad. What legal remedies and next steps do you advise?

Advocate Aditya Kumar answered
Since there is a written contract and almost full payment is already done, the photographer is clearly at fault for delay and non-delivery. Do not pay the balance until you receive all pending photos and videos. You can send a legal notice demanding immediate delivery within a fixed time, and if he still delays, file a consumer complaint in Delhi for deficiency of service and claim refund/compensation. Even if you live abroad, your lawyer can handle this in India. The law is strongly in your favour.

Q: I gave money to friend in abroad only WhatsApp proof

I gave money to friend in abroad except WhatsApp proof where he said he will pay me. except this I don’t have any evidence. Both of us are in India. I approached lawyer he is saying My case is out of jurisdiction. Because cause of action and payment made when we both are in uk, nothing happened in India. I cannot recover money?

Advocate Aditya Kumar answered
Yes, you can still try to recover your money. Even if the payment was made in the UK, since both of you are now in India, you can file a civil recovery suit in India based on WhatsApp messages as proof. Courts do accept WhatsApp chats as evidence. If Indian courts refuse jurisdiction, then the only option is to file a case in the UK. So the money is not lost, but you must take proper legal steps in the correct court.