Advocate Priya Wadhwa

Questions Answered by Advocate Priya Wadhwa (25+ answers)

Q: Agent taken some of client documents and blackmailing to give amount

We are in Attestation business & have branch office in delhi, one person we employed has take the client documents customer couriered blackmailing us to pay amount . He involved on lot of illigal work before . he is from behar behar staying in delhi . i am from bangalore i cant travel and register the compliant as he told document out from courier and saying he dont have idea. all customer documents for visa people lifes getting hampered because of this staff .what shall we do ?

Advocate Priya Wadhwa answered
immediately file a police complaint for theft, criminal breach of trust and dishonest misappropriation of property by agent and also share apprehension that the accused may flee. would be better if you have his bihar residential address as well.

Q: Fraud Sale Deed: Buyer Registered Despite Valid Prior Agreement

We seek urgent guidance from experienced lawyers regarding a property fraud matter. Our Sale Deed (No. 7932) was fraudulently withdrawn using a forged signature, even though our valid Agreement to Sell was active. On the same day (30.06.2023), another Sale Deed (No. 7931) was registered in favor of subsequent buyers, who had no valid sale agreement. The Sub-Registrar concealed the forged withdrawal for over 15 months, ignored DORIS dispute status, and processed the registry despite our formal objections. Our lawyer claims the buyers are innocent as they “paid and took possession.” However, FSL confirmed the forgery. We seek advice on: (1) Can such buyers still be held liable? (2) Are there any court rulings penalizing such buyers? Kindly help with case strategy or precedents.

Advocate Priya Wadhwa answered
buyers can be held liable if their role in the forgery is able to be proved, and that would be possible if it is able to be proved that the buyers had knowledge about previous dispute and were in receipt of the objections filed by you before/at the time of registry

Q: Can an application be dismissed after it is allowed by the lower court

How do I dismiss an application (IA) filed in a civil suit after it is allowed? A counter was filed in an application (IA) but the IA was allowed and an Advocate Commissioner was appointed. The IA is still pending in the lower court. Is it possible to dismiss the IA now? Can it be dismissed in the lower court itself? Or, is it necessary to go to High Court to dismiss the IA because it was allowed by the lower court? How exactly do we do this? What kind of legal proceeding is necessary?

Advocate Priya Wadhwa answered
once an application is allowed by the court, the same may be reviewed by the same court in case of any change of circumstances, but for that a seperate application may have to be moved. in case it is an appealable order, appellate court would be the appropriate forum. would be able to understand better once details are shared.

Q: Original Documents Lost & Owner is deceased

DDA LIG Flat - original documents are lost, and owner of the property is deceased. So how one can get copy of documents and also get ownership rights transferred to his/her partner.

Advocate Priya Wadhwa answered
registered documents of property are public documents, can get a copy from the registry having jurisdiction over area. upon receiving papers, if not subject to will, share in the property will be determined as per applicable succession laws

Q: Liability arising out of damage of parental property

whose liability wld it b if neighbours suffer damage due to vacant property still in deceased father's name but keys of the house with just one legal heir

Advocate Priya Wadhwa answered
which type of damage has been caused ? it would be important to know that who is maintaining the property and if any negligence was done by the manager of the property which caused to the neighbour's property. Do let me know relevant details.