Advocate Anuj Chaudhary

Questions Answered by Advocate Anuj Chaudhary

Q: legal heir certificate in delhi

Does Legal Heir Certificate mention applicant's name in final certificate.

Advocate Anuj Chaudhary answered
Yes. A Legal Heir Certificate normally mentions the name of the applicant in the certificate, but only as the applicant, not as the sole heir.The certificate typically contains: • Name of the deceased • Date of death • Relationship details • Complete list of all legal heirs (spouse, children, parents, etc.) • Name of the applicant who applied for the certificateThe applicant’s name appears because they initiated the application, not because they have any exclusive or superior right over other legal heirs. The Legal Heir Certificate only certifies who the legal heirs are; it does not decide ownership, title, or distribution of property.Therefore: • The applicant’s name will appear along with all other legal heirs • The certificate cannot exclude other legal heirs • Being the applicant does not give extra legal rightsIf any legal heir is missing or wrongly shown, the certificate can be: • Corrected by the issuing authority, or • Challenged before the competent authority/court

Q: Owner of the flat entered the terrace of MCD sealed flat

Owner of the flat entered the terrace of MCD sealed flat (No seal is broken or tempered). I have phone video. Now MCD or police can take action against him or not? I made complaints to MCD but they didn't took any action. Now what should I do?

Advocate Anuj Chaudhary answered
Yes, action can be taken by the MCD and/or the police even if the physical seal on the flat has not been broken, provided the flat was officially sealed by MCD and entry into the sealed premises was unauthorized.Under municipal law, once a property is sealed by MCD, any unauthorized entry, access, or use of the sealed premises amounts to violation of the sealing order, even if the seal is not physically damaged. Entry through the terrace or any other route to access a sealed property is treated as circumvention of the seal, which is a punishable offence.Such conduct attracts: • Action under the Delhi Municipal Corporation Act for violation of sealing orders, and • Criminal liability under penal law for disobedience of lawful orders passed by a public authority.The existence of a phone video recording showing unauthorized entry is valid prima facie evidence and can be relied upon by authorities.If MCD has failed to act despite a written complaint, the following steps are legally available: 1. Escalate the complaint to the Deputy Commissioner (DC) / Zonal Officer of the concerned MCD zone, enclosing the video evidence. 2. File a written complaint to the local police for violation of a lawful sealing order, annexing proof of sealing and the video recording. 3. If police do not register action, file an application under Section 156(3) CrPC before the concerned Magistrate seeking directions to the police to investigate. 4. Alternatively or additionally, approach the Magistrate under Section 133 CrPC (public nuisance / unlawful use of property) for immediate preventive directions. 5. A complaint may also be filed before the Vigilance Department of MCD for inaction by officials.

Q: Membership and Share Certificate Update

After demise of society member in a CGHS, society management is insisting on name update with I-bond to nominee name (wife-one of the legal heir) instead of the request from nominee to directly tranfer to son's name (also legal heir) as she has applied for Relinquishment deed.Society refuses to provide NOC and ask for complete procedure for update for nominee name. Is this correct? Then how to transfer to son's name?

Advocate Anuj Chaudhary answered
In a Co-operative Group Housing Society (CGHS), the legal position is well settled that nomination does not create or confer any ownership or title in respect of the flat. Nomination is only a statutory mechanism to enable the society to effect transmission of membership after the death of a member, without adjudicating questions of succession or title, which are governed by personal law.As per the Model Bye-laws of CGHS and the consistent directions issued by the Registrar of Cooperative Societies, upon the demise of a member, the society is duty-bound to first transmit the membership and shareholding in favour of the duly recorded nominee. The society has no authority to directly transfer the flat or membership to any other legal heir, even with the consent of the nominee, as such action would amount to deciding inheritance, which is beyond the jurisdiction of the society.Therefore, the insistence of the society on first recording the nominee’s name is procedurally correct and in conformity with the statutory bye-laws. The society is also justified in declining to issue a No Objection Certificate or effect direct transfer in favour of the son at this stage, as the son does not have privity of membership with the society until transmission in favour of the nominee is completed.Once the membership is transmitted in favour of the nominee, the nominee is legally competent to divest her rights by executing a duly stamped and registered Relinquishment Deed in favour of the son, who is also a legal heir. Upon submission of the registered relinquishment deed, transfer application, and other prescribed documents, the society is legally obligated to process the transfer of membership and the flat in favour of the son, subject to compliance with applicable bye-laws and statutory requirements.Accordingly, the only legally sustainable and audit-compliant procedure is: 1. Transmission of membership and shares in favour of the nominee. 2. Execution and registration of a relinquishment deed by the nominee in favour of the son. 3. Transfer of membership and flat by the society in favour of the son.However, any refusal or undue delay by the society in effecting transmission in favour of the nominee, despite submission of complete documents, would be arbitrary and liable to be challenged before the Registrar of Cooperative Societies.

Q: Is Society election violation a criminal violation?

Housing Society election was held. The existing management committee illegally disqualified some votes to help them win. After final ballot counting they still lost the election and new elected members were announced. After that the existing committee took ballot boxes to their home because election was challenged. Is this civil case or criminal case? What BNS codes apply in this case?

Advocate Anuj Chaudhary answered
This is bothcivil / quasi-civil: • Illegal disqualification of votes • Improper conduct of election • Challenge to election results • Dispute over authority of the outgoing committee after declaration of resultsCriminal-Once results are declared and: • Ballot boxes are removed from lawful custody • Taken to a private residence • With intent to interfere, tamper, destroy or fabricate evidenceBNS equivalent of IPC 406 / 409 • Applies because committee members were in a position of trustBNS equivalent of IPC 420 • Intent to cause wrongful gain / loss is evidentBNS equivalent of IPC 201 • Strong offence if boxes are altered, destroyed, or withheldBNS equivalents of IPC 463–471BNS equivalent of IPC 34 / 109 / 120B