Advocate Aditya Suresh Aklekar

Questions Answered by Advocate Aditya Suresh Aklekar

Q: Can a disputed property be sold?

The room is currently in the name of my father in law but they had promised us that he would allow us to stay in the room but he did not do the same. And before that my father in law had transfered the room on my name and as he asked i gave half of the share of the room that was 5 lakh and the room value at that time was 10 pakh so now as the room is on their name i told them that i atleast want half the share of the room as i had given the same before and therefore i had filed a case in court to give me back my half the share n now this people despite of the court case have sold the room to a person who is fully aware of our case im court so is it legally possible to sell the room inspite of the court case? And that person has also come to stay in that room so wat do we do now?

Advocate Aditya Suresh Aklekar answered
You cannot legally sell the above mentioned property. As stated by you the said flat belongs to your father in law so it's a self acquired property, hence legally you are not entitled to ask for your share. I suggest you resolve this matter peacefully and outside the court.

Q: Party wiling to drop charges now medical against me what to do

medical report does not indicate any findings against me, I am in custody, the other party is ready to Quash the FIR, can u guide me what steps I should take / Both are hindus

Advocate Aditya Suresh Aklekar answered
A FIR can only be quashed under Section 482 of The Code of Criminal Procedure, 1973. In this case since you are in custody ask the opposite party to file a Criminal Writ Petition in High court for quashing of FIR by consent.

Q: Court kept the case in pre admission what can be done

ZP department filled a case against order from labour Court to Nagpur high Court on 1st Oct 2016 and still it's showing in pre admission status. Can any one please help me to understand what to do now n for how many days court kept it at pre admission status

Advocate Aditya Suresh Aklekar answered
Cases in high court are assigned as per case management information system. If there is extreme urgency ask your lawyer to mention the matter before relevant bench and seek either production or circulation. Before doing that make sure all office objections are complied with

Q: Can builder give redeveloping property in road cutting

When property is in redevelopment can builder give property in road cutting to mcgm.and he is giving all tenants to road facing except .can court allow him to give us inside

Advocate Aditya Suresh Aklekar answered
With regards to your query a builder is only supposed to develop the concerned property. With regards to adjacent road he has no authority whatsoever to even touch it. Developing and widening of road comes under the jurisdiction of town planning authority. Prescribed procedure for development and widening of road is mentioned in Maharashtra Regional Town Planning Act. So builder has no authority to give the redeveloped property in road to MCGM

Q: Reasons to reject order 7 rule 11

why order 7 rule 11 can rejected .

Advocate Aditya Suresh Aklekar answered
Order 7, Rule 11 under Code of Civil Procedure 1908 can be rejected based on the following grounds: 1) If the plaint fails to disclose the cause of action.2) When the relief claimed by plaintiff is undervalued and plaintiff fails to rectify it after giving notice 3) When the plaint is insufficiently stamped 4) When the suit is barred by law