Advocate Sanyya Pawar

Questions Answered by Advocate Sanyya Pawar

Q: Regarding proceedings of Chhattisgarh High Court regarding writ

I have filled a Writ Petition service matter through my lawyer now I have filled a I.A application for Petitioner in person but the status of the application is unknown.I have made a rejoinder also.It has already passed 25 days and now I am confused what to do whether I filled a rejoinder as petitioner in person or I will wait for court order or hearing for I.A application. Also I would like to know the format of Rejoinder like font size, margin, line spacing, page size.

Advocate Sanyya Pawar answered
Once you have already appointed an Advocate to represent you, it is advisable that you refrain from appearing in person and continue to be represented by an Advocate. However, if you feel dissatisfied by your current Advocate, you are at liberty to change your Counsel at any stage. This can be done once your current Advocate withdraws his Vakalatnama and gives you an NOC to engage a different Advocate.Now coming to your query, it is advisable that you file your rejoinder within the time frame given to you, irrespective of when your I.A is heard and decided.As far as the formatting of your draft is concerned, it is different for different High Courts and the accurate details regarding the same can be acquired from the typing pool of the concerned High Court. You can also engage a clerk to help you with your filing work, in case you decide to appear in person.

Q: Father got a gift deed of ancestral property acquired by donor

My father got a gift deed of ancestral property which was acquired by Donor after the partition as the donor did not had any issues ( children ) , Now in Gift deed schedule referring a house the area in Sq feet is mentioned , Corporation number is mentioned the one city survey no is mentioned How ever we missed mentioning two City survey number , Actually the total area of 2376 sqft comprises of three city survey number , Now can this Gift deed be challenged ? will my dad enjoy title of all three City survey number ?

Advocate Sanyya Pawar answered
Please note that any gift deed can be challenged in the Court of law. However the burden of proving that such gift deed was not as per the wishes of the donor or that the gift deed has been executed by way of misrepresentation, coercion, fraud etc shall be on the person challenging such gift deed. The lack of clarity with regards to the subject matter of the gift deed can pose a challenge to your father's enjoyment of the title of such property only if and when such gift deed is challenged and not otherwise. However, I can not say with certainty whether the aforementioned flaw is sufficient to deprive your father of the title of the property in question or part thereof. The same is dependant on various factors and can only be ascertained after the trail.

Q: Legal action against the person for misbehaving in public

What can I legally do against a person who misbehaves in public with me with use of offensive words

Advocate Sanyya Pawar answered
Use of obscene words and songs in a public place is a cognizable offence as per Section 294 of the Indian Penal Code, 1908, which also lays down the punishment for the same. The act of performing any obscene acts or singing, reciting, or utterance of any obscene songs, ballad or words, in or near any public place, is punishable with imprisonment (simple or rigorous) for a term which may extend upto three months, or with fine, or with both. You can lodge a complaint at the Police Station of the area where you are currently residing or at the Police Station in the area where the said offence was committed. The aforesaid offence is bailable, non-compoundable and triable by a Magistrate.

Q: Lease Agreement on wife's name fully paid by husband money

I made a rental lease agreement of 3 lakh (only bond not registered) on my wife's name fully paid to house owner by me through cheque... now we are in matrimonial dispute (she filed false 498a and me applied for divorce) she is no longer here with me... Can she claim that lease money? How can I protect it and get the money back?

Advocate Sanyya Pawar answered
First of all, whether the lease money can be claimed back by your wife or not depends on the terms of the rental lease agreement. Whether the said rental lease agreement is registered or not is immaterial with regards to this aspect. Assuming that you are still residing in the said house or still have possession of the same, it is not likely that your wife would be able to claim the lease money. However in case a dispute regarding the said lease money arises in future, subject to the terms of your rental lease agreement, the fact that the cheque was issued by you and that you are still in possession of the house and moreover intent to continue the same, shall be of help to you.

Q: What if i do not appear in first hearing of case under 138 of NI act

What happened if i m not able to present in court on first date of section 138.i didnt hire any advocate till now as well

Advocate Sanyya Pawar answered
An offence under Section 138 of the Negotiable Instruments Act is a criminal offence punishable with imprisonment which may extend upto 2 years along with a fine which may be double the dishonored cheque amount. Not appearing before the Court can lead to issuance of Warrants, which might ultimately lead to your arrest. It is advisable that you contact an Advocate at the earliest to defend your interest before the Court.