Advocate Atulay Nehra

Questions Answered by Advocate Atulay Nehra (25+ answers)

Q: Can a wife sell a property that was bought by her husband in her name? Specifically, can she sell th

I registered land in my wife's name in 1997. She is a housewife with no income. Can she sell the land without my knowledge, and can she sell the property to me? The documents are with her.

Advocate Atulay Nehra answered
Dear Concerned, Yes - any registered owner can sell the property registered on his/ her name and dont have to ask anyone before selling until there has been any specific other agreement - your wife can sell the property even if she has not paid single penny. Best of luck

Q: A criminal case has been filed, but both parties want to reach a resolution. What can I do to file a

Due to a fight, a case has been registered under sections 323, 504, and 506, and the police are forcing the complainant to obtain a medical copy from the CMO. However, both parties want to compromise, but the police have not accepted this for more than a week and are now asking for a bribe. What steps can we take to file a compromise petition under CrPC, and how to compromise a criminal case?

Advocate Atulay Nehra answered
Dear friend Asave the complaint has been filed and FIR registered and now cops are disagreeing or are on expectation with you. Without delay both the parties should go to the magistrate concerned and give an affidavit that both has settled the disputes and don't want to pursue. You will get immediate releif.

Q: Can a married woman live with another man without divorce ?

Can a married woman leave her husband to stay with her lover before filing for divorce? Is this legally possible under Hindu law? Is extra-marital affair legal in India?

Advocate Atulay Nehra answered
Dear Concerned,

No, a married woman or married man cannot stay with another man or woman without legally ending their first marriage. Doing so is considered adultery, which was previously a punishable offense under Section 497 of the Indian Penal Code (now decriminalized but still a valid ground for divorce).

• The husband or wife can file for divorce on the grounds of cruelty and adultery under the Hindu Marriage Act, 1955.
• While adultery is no longer a criminal offense, the wronged spouse can still use it as a legal reason to seek divorce and possibly deny maintenance to the partner engaging in adultery.
• If a married man is living with another woman, the wife can file for divorce, citing cruelty and adultery as grounds.

Q: Delay in posession by builder in noida

Hello,I have booked a flat in noida on November 2019 and made all the payments including posession and maintenance charges by February 1st week 2020.I have been told that flat will be ready in 30-40 days after fit out work of plumbing, electrical and other repairing work.The flat is not yet completed and kind of frustrating. I am paying EMI monthly to bank without even getting flat.If I skip the lockdown period, the work resumed in june and it is October end. Can I claim for interest on delay ?

Advocate Atulay Nehra answered
Except lockdown period , you will get the delay penalty only if you go to RERA, however we will suggest that speak to the developer and take the possession ASAP and do not get into litigation for 50-1 lac , hence pls avoid uncessary litigation and if required file RERA through your counsel

Q: Gift with new broadband connection is not fulfilled by company

Tatasky broadband company has promised me to give firestick free of cost along with tatasky broadband connection. I have done many followups with the company but still no resolution. I would like to take legal action against the company. Please advise.

Advocate Atulay Nehra answered
if you have this in writing that they were supposed to give you fire stick and have not given you in that case you should start a legal battle with them you should send a legal notice asking for the firestick only after that you can file a consumer case