Advocate Hardik Sharma

Questions Answered by Advocate Hardik Sharma

Q: Property Transfer Issue wrongfully done by my parent

There was a house of 100 sq. Yards in the name of my father's brother's wife, first she sold here 50 yards and my parents were in possession since 1973 and they were brainwashed a dealer who made a forged document to transfer that property to my father and then to my mother which is registered but my father's documents are fake. My parents have sold this house to someone else and now the orginal legal heirs has filed a police complaint against us that we have sold their house. Kindly help and suggest.

Advocate Hardik Sharma answered
In the facts of your case a sound police complaint is to be prepared for the offence of forgery.With that complaint with police, a complaint will also be filed before the magistrate court for monitoring the registration of FIR. Once FIR is registered the accused will settle the said dispute with you.Along with the a civil suit can be filed to eject the illegal occupants and restrain can be made on the said sale

Q: Injunction order in delhi district courts

How long it takes for injunction order from district court Rohini.

Advocate Hardik Sharma answered
Injunction can be granted within a matter of a day or in a matter of 2 dates.But the same depend upon the sole facts of the case and the urgency for pressing an injunction. The court can grant an ex parte interim injunction too, if the property ks perishable in nature.

Q: Restrained a minor who threatend my partner

I have been asked to go to the police station later in the week to give a recorder statement regarding an incident outside my property 3 months ago. A minor aged around 12 has been making threats, suggesting he has a knife, making shooting suggestions, vandalised our cars and house with eggs and paint. This day my partner left to walk our dog, the minor wearing a bag shouted he is going to stab the dog he has a knife. I walked out into the street and pushed him against the back of a car, I held him with my forearm across his chest. I used my other arm to take his bag and check for weapons, it was empty, i dropped it. I told him to leave us alone and let him go. He was never attacked or hit in any way. Other kids recorded this and gave it to the police. Am I likely to get in trouble for this? Should I contact a lawyer to come with me? I don't understand why I'm not allowed to defend ourselves while he can vandalise us. Why didn't the office take a written statement when he visited?

Advocate Hardik Sharma answered
If someone is giving repeated threats, the first step I would suggest would be to file an FIR with the help of a lawyer with sound legal provisions. Filing of an FIR would save you in case the police officials concern you in future. A minors parents would then be help responsible for the same and the act of restraint as you have stated would come under the garb of self defence.

Q: international money gggggggggggggg

my father had his own money under my l bank account in his country and has a general power of attorney from me. he withdraw and deposit as he please. now my husband is filling divorce and is after my father money because it is under my account. now my father withdraw all the money. i live in the states what is legal consciences fall on me. i never knew how much is the money i have in the account.

Advocate Hardik Sharma answered
Your husband cannot claim the money in your bank account under divorce proceeding.So your money is safe and you don't have anything to do with that money.It doesnt matter if your father was using the said bank or it was you, your husband cannot claim anything on your bank account. Even if he is enforcing the same, the same has be looked in the peculiar circumstances of your case for which more details will be required.

Q: Remedy for pendency of case due to non appearance of last two evidence

My case having FIR No. 465/11 U/S 420/468/471 pending since long, due to non appearance of last two PWs. One is Advocate by profession, another is IO of case. From long time second last PW not appearing due to the reason PWs failed to prove allegations. Scientific evidence of FSL is in favour of me(accused)summons not served to IO for appearance. Let me know the solution from acquit from case.

Advocate Hardik Sharma answered
If the witness is not appearing after repeated attemps, you can file an application before the court to expedite the process. Even after request is made and witness fails to appear, the court may drop the witness and proceed with the final arguments of the matter.