Advocate Parinita Sehrawat

Questions Answered by Advocate Parinita Sehrawat (25+ answers)

Q: Illegal construction by builder on terrace

I am co heir in a 2nd-floor barsati in South Delhi with registered terrace rights. Deviating from sanctioned plan, the builder built an unauthorized flat on that terrace and kept it tenanted for ~18 yrs. I want this dealt with before filing a partition suit: What sequence is best: Legal Notice, Civil Suit with Local Commissioner (O26 R9 CPC), or MCD ?How does demolition vs sealing affect FAR in redevelopment? Can builder claim adverse possession against his own deed?

Advocate Parinita Sehrawat answered
Your registered terrace rights give you a strong legal foundation, but because the builder’s unauthorised construction has been tenanted for ~18 years, approaching the MCD first can backfire occupants often use Delhi’s Special Provisions Act to secure a stay. The most effective route is filing a comprehensive civil suit for declaration, possession, and mesne profits, moving an urgent ex-parte application for a Local Commissioner under Order 26 Rule 9 CPC on day one to record the exact physical status and occupant identity before third-party claims are created. A builder cannot easily claim adverse possession against their own registered sale deed due to estoppel and lack of hostile animus. Regarding redevelopment, an existing sealed structure blocks municipal sanction approvals, whereas clearing the illegal mass ensures your future FAR is calculated cleanly under current Master Plan norms. Given the timeline, the initial pleadings must be drafted with precision to overcome limitation defenses, and I would recommend examining your registered deed and sanctioned plan in detail to structure the exact relief strategy.

Q: Magistrate court cc private case

If 309 crpc petition filed for expeditious disposal because 4 adjournments seeked by respondent counsel sayin they are busy in some other court...is it allowed same hearing or if respondent raises oral objection what happens to 309 crpc petition allowing

Advocate Parinita Sehrawat answered
Under the proviso to Section 309(2) CrPC, counsel being engaged in another court is strictly not a valid ground for adjournment, meaning the court can hear and allow your application on the same day despite any oral objections. If opposing counsel merely objects verbally, the court can reject the plea, impose heavy costs, or record a final warning against further delays. Successfully pressing this on the spot requires placing the relevant statutory bar and supporting precedents on record so the judge doesn't grant another routine date. You can connect with me through this platform and share the previous order sheets so we can examine the delay pattern and prepare a firm courtroom strategy to expedite your trial.

Q: CVC complaints closed without enquiry

filed 2 Complaints in CVC portal against a Central PSU . Both complaints were closed and RTI revealed that no Enquiry was made into complaints and were closed without any Enquiry. I filed 3rd complaint for closing complaints without enquiry. complaints had matter related financial irregularities, manipulation of office records, misuse of administrative power (selective use to initiate a enquiry), etc. contents were verifiable from available office records and mails. WHat can we do now ?

Advocate Parinita Sehrawat answered
Filing repeated complaints on the same portal will likely result in routine administrative closures. Since you possess documentary evidence of financial irregularities and record manipulation, you have concrete legal remedies available:1. Writ petition before HC 2. Given the allegations of financial misconduct and manipulation of records, a formal complaint can be instituted before the competent Special Court / jurisdictional Magistrate (under the applicable provisions of the PC Act and BNSS) seeking directions for an investigation.3.For high-level public functionaries and officials of Central PSUs, the Lokpal possesses statutory powers to direct preliminary inquiry through agencies like the CVC or CBI.Feel free to connect directly through the platform consultation option and share the complaint files and RTI replies for the most effect remedy for you.

Q: Me& my wife Co-owner 50% each of a DDA Flat. I want to Relin

Me& my wife Co-owner 50% each of a DDA Flat. I want to Relinquish my 50% in wife's favour.1. Is it 100% Legal?2. What are the costs including Advocates Fee.

Advocate Parinita Sehrawat answered
Yes, relinquishing your 50% share in a co-owned DDA flat in favor of your wife is 100% legal. The standard and legally recognized method to execute this transaction is through a registered Relinquishment Deed or a Gift Deed. Please feel free to connect through my profile to schedule a detailed consultation so we can calculate the exact circle rate values, stamp duties, and discuss the drafting process.

Q: APPLICATION UNDER ORDER XII RULE 6 READ WITH SECTION 151 OF THE CODE O

1. That the present suit for specific performance arises out of an alleged Agreement to Sell dated 23.10.2006. The Defendants have consistently disputed the Plaintiff’s claim, authority, and maintainability of the suit since inception.2. That the present application is founded upon clear documentary admissions emerging from:o Exhibited bank records already on record as Ex. DW-1/1 and Ex. DW-1/2;o Statutory filings made before the Registrar of Companies;o Audited financial statements .

Advocate Parinita Sehrawat answered
Success at this stage depends entirely on how seamlessly these financial documents are synthesized, co-related, and presented during oral arguments to prove the plaintiff's case is legally unsustainable. Since a 2006 agreement also involves complex issues of limitation and equity, the precise drafting of your pleadings is critical. You may share a copy of the application and the plaints through my profile so we can analyse the exact strength of these admissions and map out a bulletproof line of argument for your upcoming hearing.