Advocate Harsh Singh

Questions Answered by Advocate Harsh Singh

Q: Question from specific relief act

1. A agreed to sell a house to B for Rs.16 Lakhs and an amount of Rs. 2 lakhs was paid by B to A. after a promise by B to A pay to him remaining amount in few days A put B in possession of the house and also completed the paper work. B failed to keep his commitment. On the basis of these facts: n(i) What remedy, if any is available to A under the Specific Relief Act, 1963?nn(ii) Prepare necessary document/s for seeking relief to A under the Specific Relief Act, 1963.

Advocate Harsh Singh answered
yes remedy is available under specific relief act.court will provide time to buyer to pay the amount in certain period. if the buyer not pay the same within time then the court will by his order place the seller in his possesion back

Q: My girl child was shown pornographic material by

My girl child was shown pornographic material twice by the neighbor tuition teacher. She is 16 years old and the female teacher is 35. nI want to lodge a complain, but I'm worried about what will happen to my daughter. Will she be called in the court again and again? going to police station and court can really hamper her studies. she is very bright and studious. Her time will get wasted and these two years are her crucial years. nDo children have to go to court? nI want this woman to be held accountable, but I'm afraid how the legal proceedings will affect my child. I'm very stressed. What punishment will the teacher get in such a case. what should I do. I did not expect this to happen. She was studying maths from her.

Advocate Harsh Singh answered
yes you have the exclusive remedy under prevention of children from sexual offences act and under juvenile justice act.she don't need to come again and again in court. but only in her recording of statementunder section 11-13 complainant to be made to police or if police not take any appropriate action then we can apply before session court

Q: Someone stole by boss money from my procession

I was asked to handover around 20 thousand rupees to my boss which I kept in my bag which was placed at a seat in my office. My boss was not there in the office and when my boss came back to the office, I immediately checked my bag to hand over him the money. I couldn't find the money in my bag, it appears to be someone in the office stole the money from my bag while I was not on seat. My boss has done a police complaint, I want to understand what legal action I can take Or else how can I save myself.

Advocate Harsh Singh answered
there's a two wayeither you know the accused or notif you know who is accused you can file complainant against him. it is totally upto you to prove they he is the person who theft your property.if you don't know about such person. after complain. police do the investigation. after conclusion trial will start

Q: Grandchildren’s right on self acquired Proporty of Grandparents

There are 2 properties , one in grandfathers name and second in both grandfather and grandmothers name. My grandfather has 3 children including my father. Grandmother is still alive.My grandfather passed in 2015 and my father passed in 2021. There is no will to my knowledge. What are the rights of grandchildren on self acquired properties. I

Advocate Harsh Singh answered
there no right over self acquired property by the grand children'seven the children don't have any right over property. you have no remedy for that.if the property devolved with your parents or your parents make will for your favour or after their death, then only you can get the property otherwise cannot

Q: Illegal possession by my brother

My father purchased a house. After his death, property papers were shifted to my mother's name. I have one brother and 4 sisters. My brother with his wife and children live on first floor of the house and I with my mother, wife and children live on ground floor.My brother used to drink and fight with my mother. So she disowned him, his wife and children from her property. Though he continues to live on the first floor. My mother also transferred the property to only me in front of all my sister's. I have all the documents also. Later my mother expired. It's been years but my brother is not leaving the house. What are my rights and if anyone can suggest me how can I proceed for his eviction from the house

Advocate Harsh Singh answered
if your father made will in your mother name then you can get the propertyotherwisemaking property in your mother name cannot make her the owner the propertyyour father property is separate property. which after his death liable to be divisible among your siblings and your motheryour brother have the full fledge right over the property.you can file suit for injunction for the good behaviour by that you can enjoy your property and can file suit under tort.