Advocate Abhinav Sharma

Questions Answered by Advocate Abhinav Sharma

Q: Rent out property with registered agreement tenant harassing for rent

I have a property in Uttam Nagar, I have rented out property on a registered agreement for 11 months. I have kept him for 3 months. Every time we visit them for rent they harass us and even get physical at times. What action can i take?

Advocate Abhinav Sharma answered
Firstly there was no need to getting the agreement registered as the same was for 11 months. Be that as it may, you can terminate the tenancy by issuing a notice in terms of the agreement. In case, the tenant does not vacate, you can approach the court by filing a suit for possession whilst also claiming mesne profits i.e. compensation for unauthorized occupation.

Q: How can we claim our rights in fathers property if step mom also there

my father had a property he married again. he was staying with my step mom. my father died. and i want to know that do we have any right on our fathers property after his death if he died intestate. my step mother has also died? what is our right over the property?

Advocate Abhinav Sharma answered
You have rights in the property being the natural legal heirs of your father. The share in the property will devolve upon you as per the Hindu laws. You are entitled to seek partition of the property to the extent of your share.

Q: Found lost phone how many time to I have to attend court now?

Hello sir.my Que is.I got my phone which I was lost in 2014.now I got a summon from the court to attend. Now, how many times I have to go to the court.accused attened 3-4 times till now.hw much time it will take to close the case? Thank you.

Advocate Abhinav Sharma answered
there is no time limit for any court case. If you are represented by a lawyer, you need not appear in court except when the court directs your appearance. Your present would be required to give oral evidence in case the court directs.

Q: Want to file defamation case but don't have offenders name or address

Some people write on facebook and forum website about me and my company that we are fraud and fake company any many more. how i will move to court to remove this content? , if i go to police then police said section 66A closed down and you have to move court under ipc 499,500, if we go to court the lawyer said u need name and address of offenders, without name and address we can submit the case. on facebook and forum site no name and address is available, so what we can do?

Advocate Abhinav Sharma answered
you can complain to facebook regarding defamatory content and its removal and also request them to delete the account of the person defaming you. If facebook does not take any action, then file a suit for mandatory injunction directing them to take necessary action for removal these defamatory articles.

Q: Harassment by husband and mother in law already filed case what to do

I am married since 6 yr have a 3 yr old daughter. My in laws specifically husband n mother in law treat me very badly mentally torturing and beating me many times .I have also complained to police Time to time bt most of the Times it resulted in compromise or recently release on bail.I have also filed to women cell and district court against dowry and domestic violence respectively and mother in law has filed suit to disposes my husband with me from the house owned by her by way of sale of ancestral house,things r worst it's nt possible fr me to wait for stay order. Wt should I do at d moment?

Advocate Abhinav Sharma answered
you should file a suit for permanent injunction against your mother and husband restraining her from dispossessing you without due process of law as you have a right of residence in your matrimonial home. Also file a police complaint that your mother is trying to dispossess you from your matrimonial house.