Advocate Kunal Sabharawal

Questions Answered by Advocate Kunal Sabharawal

Q: domestic violence and harassment

my sister's husband is working abroad and he left my sister and went to quwait and he is working there...legal proceedings are going on but at the time of judgement judge has said to my sister this is your responsibility to bring the address of the company in which your husband is working....my question is how can we know the address of the company?

Advocate Kunal Sabharawal answered
I am he must have informed about the name of the Company in which he must have been working at the time when he got married. Further, I understand that he has gone to Kuwait on work visa. Therefore, he must have submitted employment letter with Kuwaiti Visa Authorities in India. You can file an RTI with Ministry of External Affairs, Immigration Section and also write toi Indian Embassy in Kuwait to let you know whereabouts of this person as he is involved in a criminal case in India. I hope and believe that they would help, if not, then file an application where such direction is issued by the Court to the Indian Embassy.Best

Q: my younger brother demand for his share in my property

Sir I have purched a property before marriage.After mmarriage I lived there . after some my brother come there to live saying this that he will left this place after some time. Now he install a electric meter on his name where I am living. The old meter and power of attorney is on my name. Now he asking money to live place. Does he has right to get share in this property? How should I deal with him?

Advocate Kunal Sabharawal answered
Your brother has no right over the property bought by you. Firstly, file an application with the Authorities supplying electricity and asking them on what premise did they install the electricity connection. I strongly believe that your brother has fudged some papers to either show himself as a co-owner or a lessee.Post you enquire these preliminary facts, then isue him a notice to vacate the house. If he doesn't then file civil suit and also a criminal complaint of illegal trespass.Best

Q: Can refuse to answer a question which will incriminate me in a matter?

when called by police for any investigation or arrested for any crime, can you insist on contacting your lawyer and refuse to answer any questions unless you had a chance to talk to him, or he is also present at the time of questioning?? also can you refuse to answer any question on the ground that it would incriminate you??? will this be ground for the court to refuse to give you bail as police will say that we need to investigate the matter as accused is not co-operating???

Advocate Kunal Sabharawal answered
It is fundamental right of an accused to contact his lawyer and family post arrest. Insofar as refusal to any question is concerned, this may work against interest of the accused because the Police will portray that accused is not cooperating and also silence can be deemed admission. Instead refute the question by giving an answer which will not be self incriminating. Further, statement given before police in IPC cannot be used as evidence unless corroborated before Magistrate. Thus, advice is to contact your lawyer take his mind and give such answer, which would not be self incriminating instead of choosing to maintain silence.Best

Q: can property of deceased son be transferred to parents instead of wife

my brother in law got married on 8 feb this year and passed away in a road accident on 28 feb. his wife is not too good with his parents. he bought a flat in his name recently. is there any way that the flat can be transferred in his parents name and does not go to his wife?

Advocate Kunal Sabharawal answered
No. I assume he died intestate as he was too young to draw a WILL and the death was not anticipated. As per Hindu Succession Act, in case a person dies intestate, then all his property (movable and immovable) is distributed amongst all legal heirs equally. Therefore, wife would also get share.best

Q: I don't want to return to my inlaws. Only couple of months of marriage

I am married just a month back and i don't want to go back to my in laws. What can i do about it?

Advocate Kunal Sabharawal answered
Don't go then. Your query in fact is not a query at all. You want to divorce him or you want a judicial separation. You want to file case whether genuine or not. What is the reason for you not going back to your husband. Whether you have issues only with Inlaws or husband as well. First set out facts and then I shall be able to answer you. Best