Advocate Shah Rukh Ahmad

Questions Answered by Advocate Shah Rukh Ahmad

Q: Inheritance of shares by Female heirs in a Pvt family Co

My father died intestate in Aug, 2005, leaving behind his widow (my mother), and 2 married daughters (I being one of them). He owned 16% shares in a family company set up by his father, my grand-father, Mr. TCL, the Articles of Association of which, written in 1945 states that shares in the company can be transferred (or held by) either a shareholder's widow and/or members of the "male line of Mr. TCL). The present directors of the company are using this AoA to bar my sister and myself from owning shares DESPITE a court ordered Succession certificate awarding me 2/3rd shares of our late father. We are a Hindu family. Please advise on whether the Hindu success Act (2005 etc) or the current Indian Companies Act give female family members the rights to hold shares in this Family run company. Thank you in advance for your time.

Advocate Shah Rukh Ahmad answered
First of all, I believe you must have made a representation to the company in the prescribed form for after which they made the refusal. From the date of the notice of refusal, you have a 30 days time period to file an appeal to the National Company Law Tribunal. In case no notice has been given to you then you can file an Appeal within 60 days from the date of sending the notice for transfer. This has been laid down in Sec 58 of the Companies, Act. In your situation since it is not a Public company kindly refer to subclause 3 of the said section.Now one manner of going about this is that either get the shares transferred to your mother who can subsequently transfer the same to you. Subject to what the AOA say. Since I only have a limited insight I cant comment more on this aspect.Now, a Private Company has got powers to restrict the transfer of shares, however, it cannot prohibit the transfer of shares. The Article of Association in your case is acting as a Prohibition since apart from the mother it is not allowing the shares to go to any other descendant.According to me, this particular Article is running counter to the scheme of the Hindu Succession Act, 2005 although when the AOA was formed the Act was not in place.According to me you move to the NCLT and as them to intervene on the grounds that you have a Right in the shares based on the law of Succession applicable to the Hindus and the AOA is placing a complete prohibition on the transfer of shares.A woman can hold shares as per the Companies Act but this AOA is placing a bar on the daughter and not on a woman per se, so this would have to be argued and substantiated properly before the NCLT.

Q: Legal agreement for transfer of material goods

Hello, my father needs to gift my wife some gold for which I wish to get a legal agreement created so as to keep it as a proof for future.

Advocate Shah Rukh Ahmad answered
It is advisable that the agreement you get is drafted and vetted carefully. You would require the details/description of the jewellery to be included in the agreement. It is optional for you to include the price of the jewellery in the agreement since it is not compulsory to mention the market value of the jewellery, however, nature and accurate details are to be included so that no confusion arises in the distant future.

Q: A guy is threating and hitting me.

A guy i was dating wants me to stay in his life no matter what goes right or wrong. He puts me in guilt n confusion every second so much so that i feel like ending my life. He hits me everytime and since i am scared saying this to my parents he threatens me in their name as well. He never let me study and go my classes. He is ruling my life. I need help. What shall i do? Whom should i go for help?

Advocate Shah Rukh Ahmad answered
File a complaint with the women cell against this individual for sexual harassment and other offences such as assault since his actions require a strict disciplinary action. You can file a complaint by contacting the women helpline number and they will guide you with regard to the whole procedure.

Q: How to escape from forced marriage

Sir/madam,I like a guy from same gotra and want to marry him but my relatives continuously forcing me to marry other person. They threatened me for honour killing and forced marriage. I m a central government employees and posted in uttarakhand . My uncles and brother are continuously torturing me emotionally and gave me warning. Plz suggest me what to do. Can I marry in uttarakhand where I work.but my permanent address is in Delhi. I am hindu

Advocate Shah Rukh Ahmad answered
Yes, you can marry in Uttarakhand. In addition, once you get your marriage registered at the Registrar's Office you can also file a Writ in the High Court under A226 read with Sec 482 of the Cr.PC for getting police protection from the High Court in order to secure your life and liberty.

Q: Can I be booked under POCSO for dating a 17 year old.

Hi , I am 22 years old and am dating a 17 year old girl. Is it illegal for me to be in this relationship even if there is no penetrative sex involved ?

Advocate Shah Rukh Ahmad answered
It is not illegal for you to be in a relationship with someone below the age of 18 years. What the law penalises is penetrative intercourse with a minor i.e., a girl below the age of 18 years. Now you also need to keep in mind sec 375 of the Indian Penal Code especially clause 'a' since it not only includes penetrative intercourse but it has other ingredients too. So these other ingredients too can a person in trouble irrespective of the consent. You can have a look at sec 375 at https://indiacode.nic.in/acts/1_Indian%20Penal%20Code,%201860.pdf