Advocate Mubarak Jan

Questions Answered by Advocate Mubarak Jan

Q: Serious Landlord issues. How to proceed legally ?

Hello sir/mam I live in Chennai in a rented apartment of my ex company boss. Apartment consists of six house including my house. Only ground floor which I live is rent house rest all own their houses. A man who lives in 3rd floor keeps fighting with us daily and insults that we r jus tentant not owners. How can u use parking area for drying clothes. Why u nailed in wall etc. He speaking bad words to my old parents. They are very upset. And we do have a labrador dog which we keep inside our house. We don't tie r roam it outside of ur house. But he lies tat dog tried to bite and he don't like dogs in apartment to my owner. My owner permits me to keep dog but still he makes a problem. . He throws our clothes which we clipped in parking sides. In no way my parents harmed r used harsh words on him. But he abuses my parents very badly. Kindly give solution.

Advocate Mubarak Jan answered
First Register a police complaint against the person who is abusing you and your parents for "Criminal intimidation". Since your landlord has no issues with you having pets, you need not be bothered about any of the neighbors wishes (as long as your dog doesn't create a nuisance) .

Q: Flat in my mothers name, how to transfer ownership after her death

 i am the only child for my parents. I am presently 37 years old. 5 yrs back my mom died and one month back my dad too expired. We have a own flat in chennai in the name of my mother. I want to sell that flat as now i am living with my relatives at hyderabad. What is the procedure as the flat is in the name of my mother?

Advocate Mubarak Jan answered
I assume that your mother has not left a "Will". If it is so, then your mother's property automatically devolves on her legal heir (you and your father). Since your father is also no more, you have become the full owner of the flat which is in your mother's name. Apply for death certificate and legal heir certificate. In addition, while selling the flat, incorporate the details of death certificate and legal heir certificate of both your mother and father. There is no need to apply for transfer of ownership of your mother's flat after her death.

Q: Precautions to be taken for buying flat from legal heir

I am planning to buy a flat from legal heir with legal heir certificate . Is it necessary for the legal heirs to change the property tax name , EB bill in their name before I purchase

Advocate Mubarak Jan answered
It is not necessary for the legal heirs to change the property tax name before they sell their property to you. However, you have to ensure that the legal heir certificate is authentic. I would suggest to get a legal opinion on the authenticity of the relevant documents.

Q: Procedure for registration of company and is it mandatory

hai hello, ,im doing my final year in BE in chennai. I wish to start my own event management company. i have planned everything other than this legal issues. initially we have planned to start the business as FREE service. so do we need to register our company?? if we didnt register our company then our contract towards the client and vendors will be valid?? registering is not a big issue but as we cant pay tax by providing a free service. please help me with it. 

Advocate Mubarak Jan answered
Registration of a company is not mandatory. You can start your event management company as a proprietorship firm. Your contract towards your client and vendors will be valid, provided the contract is for a valid consideration. However, if you incur any loss while doing business as a proprietorship firm, then the liability will be unlimited, which means your personal property will be subject to charge / attachment to cover up for the loss.

Q: Need to remove a director from the board of a company what procedure

Need to terminate an additional director from the board of the company. Please let us know how to move about it?.

Advocate Mubarak Jan answered
According a Companies Act, 2013, a director can be terminated before the expiry of his designated term by an ordinary resolution in an annual general meeting or extra ordinary general meeting. The termination process is as follows:1. First provide a special notice to the members/shareholders about the resolution to remove a director to be held at the meeting. 2. Provide a copy of the notice to the concerned director to be removed. 3. On the scheduled meeting, natural justice such as adequate opportunity of being heard should be given to the director.4. After such opportunity is given and written representations made by the director, if the members feel that the concerned director should be removed, they can do so by passing an ordinary resolution supported by simple majority.5. Within 30 days of passing of such resolution, the Company should file Form 32 and a copy of the resolution with the RoC.