Advocate Gaurav Sehgal

Questions Answered by Advocate Gaurav Sehgal (25+ answers)

Q: Do not handed over the key, and possession letter

I have purchased a auction property from icici home finance.I have paid all amount on 23rd September 2025,and registration done on 16th October l, still they're not giving keys.what to do?

Advocate Gaurav Sehgal answered
Once the full payment is made and the sale certificate/registration is completed, you are legally entitled to immediate possession of the auction property. If ICICI Home Finance is withholding the keys without any lawful reason, you should first issue a written notice demanding possession within a fixed time. If they still fail to hand over the keys, you may file a writ petition or civil suit for mandatory injunction and possession.

Q: Perjury application against my wife

Wife filed divorce case and in sworn in chief affidavit, she mentioned that husband has bet him very harshly and have been admitted in hospital with injuries. But actual hospital admission took place due to wife suffering from fever and dehydration and the same has been mentioned in discharge summary issued by Hospital. Now in cross examination by respondent counsel, he showed discharge summary and asked her whether discharge summary mentioned as fever. She replies as "Yes"Can perjury be filed?

Advocate Gaurav Sehgal answered
Perjury can be sought under Section 340 CrPC, but it will proceed only if the Court finds that she knowingly made a deliberate and material false statement on oath. For mor discussions please feel free to contact-9-3-1-8-4-3-8-0-1-3.

Q: Accused sent to Jail - Arrears pending

In our case ( petitioner) , accused haas been sent to Custody for 30 days for non payment of interim maintenance, arrears are around 3.50 lacs , he is going to be taken to court again, we haven't heard anything about his bail , what are the ways now to recover the arrears or pressurize them to either pay the maintenance or settle the cases.

Advocate Gaurav Sehgal answered
Since the accused has already been sent to custody for non-payment of interim maintenance, you may now file an execution petition under Section 125(3) CrPC for recovery of arrears. The court can take coercive steps including continued detention until payment is made. Additionally, you may bring the non-compliance to the notice of the concerned court at the next hearing and oppose any bail until at least partial payment is made. You can also consider filing a contempt petition for willful disobedience of court orders. These measures may pressurize the accused to either clear dues or seek an amicable settlement.

Q: Accused in Custody - Execution petition

I am a complainant, the Accused has been sent to Custody for 30 days for non payment of interim maintenance and the arrears arrears are around 3.50 lacs , what can be done on NDOH to recover the arrears of maintenance since accused keeps claiming that he doesn't have any money + assets + property, what all the accused can do to get rid of the payment and final alimony, as complainants , what are the remedies to recover the payment?

Advocate Gaurav Sehgal answered
In such a case, where the accused is in custody for defaulting on interim maintenance, the complainant may file an execution petition under Section 125(3) CrPC or the relevant provisions of the DV Act to recover arrears. If the accused falsely claims no assets or income, an application for disclosure of assets/income with supporting documents can be moved. You may also request attachment of known movable or immovable property or seek garnishee orders if any employer or third party is paying the accused. The court can continue civil imprisonment until dues are cleared. Remedies also include filing a contempt petition if non-payment is willful. The accused cannot evade liability permanently by simply claiming poverty unless it’s genuinely proved and accepted by the court.

Q: My wife share in her father property after his demise

My father in law expired last week and now my brother in law declined to share his PAN, Adhaar and death certificates to my wife. He is living in Ancestral property (grandfather's House) and decline to give share. My father in law bought one DDA plot in rohini and he decline to give share in that. Various FD's which he declined to disclose. So my wife want's to know her right of claim

Advocate Gaurav Sehgal answered
Dear Querer, your wife can file a suit for partition and she is entitled for equal share as of other legal heirs. You can also file a suit for injunction to not to let your brother in law dispose of any property in which your wife is having an equal share as per the legal heirship.