Advocate Nikhil Sabharwal

Questions Answered by Advocate Nikhil Sabharwal

Q: MCD doing illegal construction and threatening my family

Dear sir i have compalint against illegal construction to MCD, Without take any action, MCD dispose my complaint, And then illigal contruction owner is warn me again and again and he have links with local past MLA What shoud i do , My family in under presuure and scared, what should i do

Advocate Nikhil Sabharwal answered
The best course of action would be to file a civil suit claiming permanent injunction against the owner. Or perhaps a declaration of title suit against the same party coupled with the injunction. And in either of these suits you can claim a temporary injunction by showing a prima facie case in your favour. These terms maybe hard to understand unless you are reasonably familiar with law. What you should understand is that you need to hire a lawyer to handle this for you. A temporary injunction is the key in this. It's not that difficult to obtain and it can be obtained within a month or so. This can also later give you an upper hand if you and the other party decide to compromise. Hope this helps!

Q: Personal property acquired by government without compensation

My grandmother bought a land in shastri nagar Delhi in 1970 but the land was acquired by Government in btw 1979-1980 without sending any notice to us...My grandmom's sister aslo had a land next to her property and she informed us that government allotted houses equivalent to the land of owners in different locality in delhi as they wanted to make a communal garden and temple in that place...so they acquired all that land but we were not informed about any such notice and we didn't even recieve any letters from government and also we were not paid any compensation as well...even now the land is under my grandmother's name I knw its a very old matter but even now my grandmom is the owner of the land and we got these papers from registration office delhi so these are genuine papers ....and government still have got them in file so there is no way of denying it.....but it would be really helpful if you can throw some light on this...

Advocate Nikhil Sabharwal answered
This is a good cause of action to prefer a civil suit against the government. In such suits you are first required to send a 2 months notice to the Secretary of State. So it's possible you get a desired reply then and there. If not you can proceed with the case. This is arguably the case of continuous wrong as everyday you are compensated for the acquisition constitutes a wrong in itself. The issue has the potential to hinge on this point only as the government may argue that the Limitation period of 3 yrs in such matter is over from the date of acquisition.

Q: Mental harrassment by husband beating up children and still harassing

I am hindu woman married a man who not even divorced from his first wife (I was not aware abt this) After spending 21 yrs in a hell of married life, I took tfr to a different place expecting some change which rather turned more hostile as he started beating children and abusing them. AFter I moved to a new place of posting, he started threatening me and my family members that he would commit suicide and wont let me work anywhere peacefully. Soon he started approaching my seniors officers by calling & writing them against me that I moved out of family without his consent etc. etc. First he complained that his belongings are kept forcibly by me, now even after returning his blessings, he again started writing to my sr. officers putting false allegations. This is causing so much mental trauma and causing me health issues. How can I restrain him for writing to my officers?I left the previous place thinking distance may help to work on irrecoverable differences which are not impossible.

Advocate Nikhil Sabharwal answered
First and foremost, bigamy is an offence under IPC. Sadly, that also means that the second marriage is void as per the Hindu Marriage Act. It cannot be ratified by the second spouse. However, that does not disqualify such person to claim maintenance from the husband either under CrPC or Hindu Marriage Act. Secondly, you must inform yourself of the important law- S.498A IPC which punishes the Husband or his relatives for cruelty inflicted upon wife. The definition of the term "cruelty" is very wide and it includes mental cruelty even of the slightest nature. The facts disclosed in the question clearly qualify that threshold. Thirdly, such cruelty is also a good ground for obtaining divorce from the spouse (in case the bigamy charge does not come to fruition) under the Hindu Marriage Act. A complaint under section 498A can be made simply by calling 100 and providing facts which disclose such cruelty. This will lead to immediate arrest of the husband. On the other hand, the complaint of Bigamy cannot be made to the police but has to be made in writing to the magistrate. You may need a lawyer for this. Lastly you can also claim a permanent injunction against him from writing to your seniors in job and disrupting your professional life and affairs. Any further questions are welcomed. Consider rating this answer if you find it helpful.

Q: Is mortgage affected on basis of agreement to sell?

SIR, IF MORTGAGED IS AFFECTED ON THE BASIS OF AGREEMENT TO SELL, IS IT POSSIBLE TO TAKE POSSESSION OF SUCH UNDER CONSTRUCTION FLAT? WHEN TILL DATE TITLE IS NOT TRANSFERRED IN FAVOR OF BORROWER? IF YES... HOW?

Advocate Nikhil Sabharwal answered
I'm afraid the question is unclear. I believe the property in question is an under construction flat which is the subject matter of the agreement to sell. The borrower is interested in taking possession of the flat despite the fact that the title is yet to transferred (as per the terms of the contract.) It is the part about the mortgage that is not clear to me. Nevertheless there is something to be said from the facts that are clear to me as stated above. It is important to note that the fact as to when the possession of the fact is to be transferred is entirely dependant on the express terms of the contract regardless of the fact that sale has been completed as per the contract or not. Where there is no such term (which is unlikely in such cases) then the possession is transferred on the payment of the consideration. Your question as it is framed apart from being unclear in some respects is also very academic nature. It is advised that you state your practical problem with surrounding circumstances as far as they are relevant to the question.

Q: What legal rights available from blackmailing to suicide

I was in relationship with a girl for more than a year. Im breaking up from that relationship but girl is not ready to do it. She is getting suicidal. I don't know what to do. I have tried to make her understand but its not working out.

Advocate Nikhil Sabharwal answered
If this problem is faced during marriage we usually advice the aggrieved party to prefer a divorce on the ground of mental cruelty since a threat of suicide has been recognised as a valid ground for cruelty by Supreme Court. However this situation is different as the persons involved aren't married but instead have an affair. Is it a crime under IPC for blackmailing a person with a threat of suicide to continue to stay in the relationship? No. Having said that, there are important things that you need to do before the worst happens and you are suspected as having something to do with it. Deciding to break up with someone is not at all a reason to commit suicide and nobody can be held accountable on that ground alone. Also before that happens there isn't much to do legally. You may ofcourse reconcile with your partner and explain your position etc. A relevant legal advice can in such a case come handy only when the worst happens and you are suspected to have a part in it. There is only one case in which you may face a problem and that is when the person dying leaves false unverifiable allegations against you to ruin your life after they are gone. What can you do to save yourself from that? Just what you're doing right now. Let people know what is happening before something bad happens. These people will become witnesses later. You can use social media as well. Preferably sit together with your partner and talk about this with your mutual friends or other people. They will stand as a wall against any false allegations that may be made against you by the partner later on. As for any legal remedy im afraid you lack a cause of action as of now. Note: This answer although provides a legal advice, it does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly. If you this advice helpful you may consider rating and commenting about this answer. Thank you.