Advocate Abhishek Sati

Questions Answered by Advocate Abhishek Sati

Q: There is a lien amount applied in my account

lien amount has been applied to my bank account by Gurugram Cyber Crime. They do not answer calls, and when I visited, they asked me to pay the lien amount. Since October 2025, ₹3,512 has been deducted multiple times, totaling ₹-34k. The bank says they can act only after receiving instructions or an NOC from Cyber Crime. Despite submitting a written application, there has been no response. Can a lawyer help me?”

Advocate Abhishek Sati answered
Yes, a lawyer can provide crucial assistance in your situation, as the freezing of your entire account balance over a disputed ₹3,512 transaction appears disproportionate and legally questionable. The Gurugram Cyber Crime Cell has the authority under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct a bank to place a lien on funds suspected to be proceeds of a crime. However, this power must be exercised with caution and proportionality. Indian courts, including the Delhi High Court, have strongly criticized the blanket freezing of entire accounts when the alleged disputed amount is identifiable and significantly smaller, as it violates fundamental rights and causes undue hardship. Your repeated attempts to engage with the authorities and the bank's correct stance that they require an No Objection Certificate (NOC) or formal instructions from the Cyber Cell to act highlight the procedural deadlock you face, which legal intervention is designed to break.An experienced cyber crime lawyer will methodically escalate the matter to secure the release of your legitimately earned funds. The immediate step involves a formal legal representation to the investigating officer, compelling a review and issuance of the NOC. Given their non-responsiveness to your direct applications, the lawyer can file a detailed petition before the appropriate Judicial Magistrate or the High Court under Article 226 of the Constitution. This petition would seek a judicial order directing the Cyber Cell to either issue the NOC or to restrict the lien strictly to the disputed ₹3,512, releasing the remainder of your balance, citing the established legal principle of proportionality from recent High Court rulings. This legal action creates an enforceable mandate, moving the matter beyond administrative delay and protecting your financial rights.

Q: Parental Physical Share scripts moving to IEPF, BENAMI A/c

Parents expired 3 decades before.Their share scripts are still in physical form.Now, the dividends and scripts are slipping into IEPF, and then to BENAMI fund.We were 3 siblings. Our elder brother expired 11 years before.My sister and I both are 70+. Our Bhabi 70+. Bhabi+ Bhatiji+ Bhatija are not cooperating for SMC ( SURVIVAL MEMBER CERTIFICATE) . Share scripts upto 5Lac single folio can be claimed without much hassle. It is very convenient. How can we get SMC in Delhi in this case ?

Advocate Abhishek Sati answered
In the matter of securing a Survival Member Certificate (SMC) in Delhi, it is imperative to note that the legal framework governing such declarations is primarily enshrined in the Indian Succession Act, 1925, along with the relevant rules of the Delhi High Court or the district courts, as applicable. Given that your parents passed away intestate approximately three decades ago, and considering the subsequent demise of your elder brother, the succession to their movable assets—specifically the physical share scripts—devolves upon the surviving legal heirs. In this case, as surviving siblings, you and your sister, along with the heirs of your deceased brother (i.e., his widow and children), constitute the legal heirs. However, the non-cooperation of certain heirs complicates the procurement of a consensual SMC. In such a scenario, you may be required to initiate a legal proceeding for a succession certificate or a legal heirship certificate before the competent district court in Delhi. This would involve filing a petition detailing the genealogy, dates of death, and the lack of cooperation from other heirs, seeking the court’s adjudication on the rightful survivors entitled to deal with the assets.Given the advanced age of the surviving claimants and the imminent risk of the shares being transferred to the Investor Education and Protection Fund (IEPF) and subsequently treated as benami, it is crucial to act with promptitude. The court, upon satisfaction of the facts presented, may issue a succession certificate or a declaration of heirship after due notice to the non-cooperating heirs, thereby enabling you to establish your survivorship and claim the shares before they are permanently escheated. It is advisable to engage a local advocate in Delhi to prepare and file the necessary petition, annexing all relevant documents, including death certificates, proof of relationship, and details of the shareholdings. The court’s intervention will provide a legally enforceable instrument to facilitate the transmission of shares and prevent further erosion of your rightful inheritance.

Q: What documents required in DHCLSC for legal aid?

What all documents are required for legal aid from Delhi high court legal services committee? My eligibility is I'm general male income less than 3 lakh per annum.And how can I my make income affidavit for legal aid? It's compulsory for income affidavit to be notarized or my sworn affidavit is acceptable?

Advocate Abhishek Sati answered
This willful breach is actionable through contempt proceedings. Separately, the act of furnishing a false affidavit by concealing a bank account, coupled with the fabrication regarding a minor child, represents a direct assault on the judicial process. These are not mere discrepancies but potential offences, making an application under Section 340 of the Code of Criminal Procedure entirely maintainable to prompt the court to consider a formal complaint for perjury.Your most effective course of action is to deploy these grounds strategically to challenge the execution proceedings. You should immediately file a detailed objection to the execution petition, explicitly highlighting how the decree under execution is rooted in materially false evidence and was revived in blatant contravention of the binding settlement. To maximize procedural pressure, this objection should be filed concurrently with distinct applications for contempt of court and under Section 340 CrPC. This coordinated approach frames the petitioner's actions as a sustained abuse of the legal process, thereby creating a compelling foundation for the court to stay or even dismiss the execution proceedings entirely, as courts do not look favorably upon parties who seek relief through fraudulent means and broken undertakings.

Q: Legal Action Against Wife For Breaching The Court Settlement

Dear Sir/Ma’am,I seek legal advice regarding my matrimonial cases. Despite a court-recorded settlement dated 21.01.2023 to withdraw Sec 125 CrPC and DV Act cases, the Petitioner has breached terms by restoring the maintenance case and initiating execution.Furthermore, she has committed perjury by:Suppressing a Kotak Mahindra Bank account in her Income Affidavit.Falsely claiming the existence of a minor child in the DV petition.My queries are:Can Contempt proceedings be initiated for the wilful breach of settlement?Is a Sec 340 CrPC / Sec 379 BNSS application maintainable at this stage for false affidavits?Can these grounds be used to seek a stay or dismissal of the execution proceedings?What is the best procedural strategy to handle this abuse of process?Yours sincerely,

Advocate Abhishek Sati answered
These grounds are directly relevant to your defense against the execution proceedings and can form a compelling basis to seek their stay or dismissal. The appropriate procedural strategy is to file a consolidated objection in the execution case, annexing the settlement and proof of the false affidavits, arguing that the decree-holder has approached the court with unclean hands and in violation of a binding court order. Concurrently, you should file separate applications for contempt and under Section 340 CrPC. This multi-pronged approach demonstrates a pattern of abuse of process and places the onus on the petitioner to justify her actions. A stay of execution is often granted where the very foundation of the claim is shown to be tainted by fraud or where its enforcement would be in direct conflict with a prior solemn undertaking to the court.

Q: Withdrawal of case of domestic violence against husband.

I want to withdraw my domestic violence case which I had filed in 2015 against my husband. I have been awarded interim maintenance of rupees 4000 which has been given till December 2023. I requested the just to withdraw the case voluntarily but The judge is saying that you cannot you cannot with the case otherwise I will file section 340 against you.please guide.

Advocate Abhishek Sati answered
The judge is refusing your withdrawal and threatening action under Section 340 of the CrPC because, in law, a domestic violence case is not treated as a purely private dispute that can be abandoned at will. Once allegations are made before the court, it assumes a public interest dimension to prevent the legal process from being misused. The fact that you received interim maintenance for eight years until December 2023 is a critical factor; the court now suspects that the original case may have been filed with dishonest intent, as its sudden withdrawal after long-term financial benefits creates an appearance of exploiting the system. The threat of Section 340—for potentially filing a false case or giving false evidence—is the judge's way of upholding the integrity of the judicial process and deterring litigants from using serious allegations as a tactical tool.To navigate this, you must immediately engage a competent lawyer. Your path forward is not a simple withdrawal but must involve formally convincing the court that no offense against justice was committed. This is typically achieved through a compromise application or a joint motion with your husband, demonstrating a genuine settlement (like reconciliation). Your lawyer can frame the withdrawal as being in the interest of familial harmony, not an admission of falsity. If the judge remains unsatisfied, they may insist on a full trial to examine the original facts or proceed with a Section 340 inquiry. Your objective now is to cooperate fully with legal counsel to structure a resolution that addresses the court's concerns, as forcing a withdrawal unilaterally could indeed trigger a separate perjury case against you.