Advocate Nitanshu Sharma

Questions Answered by Advocate Nitanshu Sharma (50+ answers)

Q: Wrong name given by the accused man to police to register a face case

A person is carrying 220 little alcohol from jharkhand to bihar then bihar police arrest the two man with their car within alcohol And then those accused man given third person name that's (*****) is main accuse But the (****)is innocent So tell me how can I clearly escape from this case

Advocate Nitanshu Sharma answered
If the FIR is lodged in the case and your name is in the FIR the you have to go for quashing the FIR in High Court under section 528 of the BNSS. However, first i have to go through the contents of the FIR.

Q: Deduction of money from Full and final payment

I served my notice period of 60 days, and took few days of leave, my organisation deducted the money for the leaves taken, also they deducted a huge amount in the name of "Notice period recovery". My notice period was till 1st Jun, but they paid the salary till 30th may.

Advocate Nitanshu Sharma answered
First I need to go through your appointment/offer letter , as you mentioned that they deducted a huge amount in the name of notice period recovery then immediately send them a legal demand notice for recovery of the dues.

Q: Paid money to a civil contractor online payment

I have paid money to a civil contractor for construction of house and he is not completing the work. The money paid is online via upi maximum in his amount and aome in his known persons.The maximum money is paid and he is deliberate delaying and making excuses.Their was no registered agreement.

Advocate Nitanshu Sharma answered
Send him a legal demand notice for recovery of your money paid and under section 318 of BNS which is cheating. If he doesn’t return your money after the legal notice then you can lodge a police complaint and get his account freeze

Q: Recovery of unpaid construction dues from Mr. Neeraj rewat.

"My father is a mason (mistri). He constructed a house for a businessman named Neeraj. At that time, Neeraj promised to clear the payment within 2–3 days. However, it has been over a year now, and he is still refusing to pay, repeatedly making excuses that he will pay 'later' or 'tomorrow'. What legal steps should we take now?"

Advocate Nitanshu Sharma answered
Immediately send a legal demand notice for recovery of your dues. As , you had said that since one year, your father have doesn’t received his dues then it clearly indicates that the businessman in the intention to make it time barred under limitation act.

Q: transfer of ownership based on Notarised will

my uncle didnt have a son and he kept me with him from my childhood. he gifted his proprties through registered gift deed . there is one property which is a undivided joint house . he fell ill in 2011 so he wrote a notarised will signed by 2 witnesses . i want to get ownership of the property with through this will

Advocate Nitanshu Sharma answered
You have to file a declaration suit under section 34 of specific relief act. Before filing the suit you need to have registered will , registered gift dead etc. Also i need to know if there is anyone else in relation with your uncle who can claim in the property.