Advocate Kunal Sinha

Questions Answered by Advocate Kunal Sinha (200+ answers)

Q: What is best way to for NRI to depart India without hurdle

Some person was harassed by police inquiry on arrival in Mumbai at airport and then also one week later. Later, someone filed Cr Complaint and lookout Notice was placed to prevent him from departing India. Police earlier mentioned to him that Lookout Notice has been lifted.What is best way for NRI to depart with official clearance to avoid hassle at airport departure.

Advocate Kunal Sinha answered
This person should verify the status before travelling. Or a permission has to be taken from Court in case there is a pending issue.In any case its important to verify the status. You have not provided the reason for harassment. Those are important facts and it's important to check the orders and status of the Criminal Complaint.

Q: my divorce case is in progress and she has filled a FIR against me

my divorce case is in progress and she has filled a FIR against me and my family member under 498 A/ /406/323/34IPC, chargesheet has been filed . however, all claims are false, she even didnt stay with my family and i never ask for dowery , she dosent have any proof. how and where i can quest the FIR. guide me.

Advocate Kunal Sinha answered
I believe you want to ask whether you can quash the FIR. To quash you need to approach the Hon’ble High Court under Section- 482. If the court is convinced by prima facie looking at the case that no offence has been made out you may receive an interim protection from arrest and eventually the case may be quashed.

Q: Legal Advice on Purchase of Third-Floor Property

I seek legal advice on purchasing a third-floor flat in South Delhi. The building was constructed around 2000 with an MCD-sanctioned plan up to the second floor. The third floor was built about 20 years ago without an approved sanctioned plan and is being sold with terrace rights. The property is freehold and mutated, but has no Completion or Occupancy Certificate. Kindly advise whether it is legally safe to proceed and what risks or checks are involved.

Advocate Kunal Sinha answered
Its best if you meet with a lawyer in person with all your papers. Broadly if the plan doesn’t exist it’s a risky endeavour. What works is the uninterrupted rights and mutation on the said floor.There are other aspects which shall be discussed privately

Q: Parental Physical Share scripts moving to IEPF, BENAMI A/c

Parents expired 3 decades before.Their share scripts are still in physical form.Now, the dividends and scripts are slipping into IEPF, and then to BENAMI fund.We were 3 siblings. Our elder brother expired 11 years before.My sister and I both are 70+. Our Bhabi 70+. Bhabi+ Bhatiji+ Bhatija are not cooperating for SMC ( SURVIVAL MEMBER CERTIFICATE) . Share scripts upto 5Lac single folio can be claimed without much hassle. It is very convenient. How can we get SMC in Delhi in this case ?

Advocate Kunal Sinha answered
File an application for Succession Certificate in the Court. The Court will issue notice to all the legal heirs and they will be asked to join the proceedings.All the share certificates along with property documents shall be collated and filed. The summons will be issued to the requisite people and their statement will be recorded.

Q: Third party dragged in a DRT Case, what to do?

Dear advocates, we bought a house from a builder in 2025, who bought the land from person X in 2024 , X bought this land in 2022 from Y. A DRT case had ruled against Y in 2019 and RC had started. We saw a notice outside our house today , where the bank had asked the DRT to attach our house to pay Y’s debt. The land in question was never mortgaged to the bank.What should we do , what’s the worst that can happen.

Advocate Kunal Sinha answered
Please file an application in the DRT challenging the attachment. Collate your documents to show your bona fide purchase and to showcase that there was no encumbrance when the property was purchased. You need to press for Stay of proceedings and move rather fast.