Advocate Arpit Jain

Questions Answered by Advocate Arpit Jain (25+ answers)

Q: How to remove mcd booked property under section 344(2) of MCD act for unauthorized co

Dear sir, Recently, my commercial property was booked under section 344(2) of MCD act for unauthorized construction without any sanctioned plans. Plse note that MCD AE has not sent me the notice regarding the same but they have marked the notice/ letter directly to SHO (police station) of the jurisdiction of my property. Based on the MCD notice, ASI has come to my site and showed me the MCD notice. My question is my property booked for unauthorized construction or not and if yes then why MCD has not marked or sent the notice to me but directly to SHO of the area to take action. Since, my builder has already bribed MCD, my builder is saying that letter from AE of MCD to SHO is just a formality and nothing serious. Want to check the current status of my property whether mcd booked property or not and in future can MCD seal my property for unauthorized construction. Please note I have already paid last 10yrs conversation charges as per current rate for my property. How can I cross check theSTATUS

Advocate Arpit Jain answered
Kindly provide a copy of such notice and the address where your property is located. Also share details of approvals taken from MCD if any. Generally any authorised construction is not permitted without relevant sanctions and is demolished. It is only after receiving such pertinent details that I will be able to provide you with any legal advice.

Q: cheques bounced. is it criminal or civil law to find relief

tenants cheques have bounced , more to be encashed. relief under criminal law or civil law?

Advocate Arpit Jain answered
You will have remedies under civil law, criminal law as well as under a special legislation, Negotiable Instruments Act. It is always advisable to proceed under the said special legislation as it is a fast track process

Q: Computer and phone being hacked

I believe that my computer and phone are being hacked. Please connect me to an appropriate lawyer

Advocate Arpit Jain answered
Under information technology act, any such attempts of hacking are punishable offence and a stiff fine is also imposed. Depending upon facts and circumstances of the case, and appropriate criminal complaint can be filed with the cyber cell in your area and other appropriate legal recourse can also be taken. Kindly provide me all the details relating to the case and then only I can advise you accordingly

Q: I am currently going through a tough divorce. My younger sister's marriage was held last month. A we

I am currently going through a tough divorce. My younger sister's marriage was held last month. A week prior to her wedding, the elder sister of wife went into my sister's Facebook profile and started contacting random people on FB hoping to get in touch with her husband. Through social media, she was able to connect with my sister's in laws. Over a phone conversation, my wife's sister had said so many demeaning things about my family and I am deeply hurt by each and every statement made by her. She also said so many demeaning things about my sister and mom. I am being told by an expert that if I file a defamation case against her, then the other person also has to appear in court in future. My younger sister just got married and I really do not want her new family to be a part of any kind of court proceedings. I am just wondering what remedies do I have so that I can file a defamation case against my wife's sister and no one from my sister's family side needs to get involved in this.

Advocate Arpit Jain answered
The advice you have received is for filing a criminal complaint for defamation. In such cases the presence of witnesses and complainant is required in the court from time to time. However, you have the alternative to file a civil case for defamation suit seeking damages from the person defaming your family members. You can contact me to explore this option further.

Q: how the Will shall be treated now?

I am the owner of 80 % share of propertyI wrote the Will saying that I own 100%how the Will shall be treated now?Is it partly valid?is it Void?what is the status under law?what is the substantive law regarding it?

Advocate Arpit Jain answered
A clear answer can only be provided once I see the entire contents of the will. However, it can be interpreted to say that you are bequeathing the entire share of your 80% property to a person. It is assumed that the will has been drafted by a person who is layman and so it may be interpreted accordingly by the courts.