Advocate Nitanshu Sharma

Questions Answered by Advocate Nitanshu Sharma (50+ answers)

Q: Can you help us draft our society's bylaws?

We would be grateful if someone can guide us in drafting the bylaws for Eldeco County Welfare Society, Jhansi, and clarify the exact legal framework applicable to our independent-villa society—whether under the Societies Registration Act, any other relevant statute, or a different legal structure. Your guidance would help us ensure that the bylaws are legally compliant and in the best interests of all residents.

Advocate Nitanshu Sharma answered
Writing the internal operating rules and regulations that control how a registered society, cooperative housing society, or Resident Welfare Association (RWA) operates is known as drafting society bylaws. State-approved policies or templates, like the Model Byelaws or state registrar templates, can be modified.

Q: PS5 Rental Fraud – Cheating, Breach of Trust & FIR

I run an unregistered PS5 rental business without formal rental agreements. A person rented 4 PS5s worth ~₹2.5 lakh. I have WhatsApp chats, payment/delivery records and his ID. He repeatedly gave suspicious/false explanations, failed to return them and later said they were sold. He was caught by us and taken to police while attempting to obtain a 5th PS5. Can this amount to cheating/criminal breach of trust? Can an FIR be registered despite voluntary rental, no registration/documents? what to do

Advocate Nitanshu Sharma answered
Indeed, even in the absence of a rental agreement, a First Information Report (FIR) can be filed for fraud as long as the complaint reveals a cognizable offense—a serious felony that allows police to make an arrest without a warrant—like cheating, forgery, or criminal breach of trust.A civil paper is a leasing agreement. If a specific offense was committed, its absence does not exclude the application of criminal law. But the type of fraud is crucial.

Q: Removal, record sealing and expungement of police records

Hello, Last year a FIR was registered against me under section 66c and 67 of IT act. Now it is in process of quashing through high court of Punjab and Haryana based on compromise. My issue is that i want to remove my police records like CCTNS, FIR and other record with DCRB, SCRB, NCRB. I want to redact my name and personal identifiers from court registry too from high court and Gurugram district court too. i want this because of unnecessary failure of background check and visa denials.

Advocate Nitanshu Sharma answered
If a charge sheet is filed in court, you may need explicit permission from the magistrate or judge to travel internationally or to obtain/renew a passport.Always be truthful on visa applications about any police cases or charges. Lying or hiding an FIR/conviction is grounds for immediate visa denial or permanent bans by destination countries.

Q: I want to cancel my old birth certificate

Actually my aadhar dob has been cros the limit i want to change my dob with my new birth certificate and I want to cancel my old birth certificate

Advocate Nitanshu Sharma answered
You can file a declaration suit under section 34 of the specific relief act, 1963 and regulated by the code of civil procedure (CPC), 1908, to legally confirm a person’s legal status. In the declaration suit , once it’s get verified, you will get the order for your new date of birth.

Q: About refund from builder ( Project La Galaxia site c surajpur greater

Dear sir I have book a flat from La galaxia site c surajpur greater noida, and give 50k as token money but die to some reason i cannot able to buy the property now and demand refund from builder many times many times send mail on there official id but they have no response so i want legal advice to recover my amount

Advocate Nitanshu Sharma answered
Immediately send them a legal demand notice for recovery of money . If they don’t return your money then file a police complaint for fraud under section 318 of the Bharati ya Nyaya Samhita (BNS). For further clarification, feel free to reach me.