Advocate Chirag Sancheti

Questions Answered by Advocate Chirag Sancheti

Q: Caught in driving under influence case asked to appear in the court

I have been caught by the police this holi in DUI case and they have to appear in the court today,my question is will this will cause me my future and just for a FYI this is my first time anything like this happen in my whole life time, please help as I am afraid that the magistrate will put me in jail and this will destroy my career.

Advocate Chirag Sancheti answered
The afore stated offence is punishable with fine and imprisonment upto 6 months. However, if it is your first offence the Magistrate generally may impose only fine if you plead guilty before the Magistrate. However, it is subjective and may vary from case to case basis.

Q: Procedure for voluntary winding of company as per act of 2013

HI, I am looking for Procedure for Voluntary winding up as per Companies Act, 2013.

Advocate Chirag Sancheti answered
The provisions of voluntary winding up as provided under the Companies Act 2013, presently stand omitted due to the Notification No. IBBI/2016-17/GN/REG010 dated 31st March, 2017 IBBI has notified the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. The same has been published in the official gazette. As a result of the same w.e.f. 1st April, 2017 voluntary winding up shall be conduct under Insolvency and Bankruptcy Code, 2016.

Q: Share of the daughter in the ancestral property

My queries are as below:- 1)How to prove that some land is Ansesterial . 2)What is the share of daughter in ansestorial land.

Advocate Chirag Sancheti answered
The Hon'ble Supreme Court of India in the case of Danamma Suman Surpur & And. V/s. Amar & Ors. has held that pursuant to the Amendment in the Hindu Succession Act in the year 2005, the amendment confers upon the daughters same rights and liabilities in the ancestral properties, as son.

Q: Widow lady and her son was defrauded by their relative

I have my maid.Her 2 acres of agriculture land was taken by her Devar since she is an uneducated widow.She and her son gave thumb impression but they didn't know it was for property transfer.She is cheated by all people associated with the deal.Can she get her land back?

Advocate Chirag Sancheti answered
it is difficult to answer the query without perusing the document executed by your maid. Nevertheless, she would be entitled to claim the said land if she can prove that she was cheated and her thumb impression was taken without her consent or was taken out of coercion. Also, we will have to examine whether the Ageeemebt is executed fulfills the mandates of the contract act

Q: What are the grounds to get Anticipatory Bail ?

My Wife has registered a NC regarding DV In Mahila Thana... can I apply and get an anticipatory bail...what is the validity of an ACB...how can I get the copy of complain if PS is denying to give that complain copy. Please suggest

Advocate Chirag Sancheti answered
Yes, you can apply for ABA. The grounds to be mentioned in the ABA shall veary from case to case and shall depend upon the allegations made by your wife in her complaint. Further, it is mandatory for the investigation officer to submit a copy of the FIR with the court having jurisdiction, within 24 hours of registering of a FIR. Hence, you may collect a copy of the FIR from the said Court.