Advocate Rahul Kukreja

Questions Answered by Advocate Rahul Kukreja

Q: Civil Case Appeal Time Limit For Family Property

I had filled partition case in session court which got dismissed in 2018. Is it possible to file appeal now in 2023 in high court??? Family property for partition.

Advocate Rahul Kukreja answered
Delay in filing appeal is condonable but it should be based on genuine ground. It would have to be ascertained as to what were your compelling reasons to not file Appeal for 5 years. The merits of main appeal would also play a significant role in deciding if Appeal should be entertained.

Q: Need to direct Delhi Jal Board to release water in pipelines laid

We live in an unauthorised colony in Delhi named Sangam Vihar. These colonies were authorised in 2019 under PM Uday sxheme.we are struggling for water for many years. Now Delhi govt has laid water pipelines in the area but doesn't release water in it. they say it's policy matter and when water will be available then they will give water.In surrounding areas like hauz khass and malviya nagar they give water more than 10-14 hours a day while here due to water mafia they doesn't release water

Advocate Rahul Kukreja answered
Delhi High Court had observed in Delhi Sainik Cooperative Housing Building Society Ltd vs UOI that right to have access to drinking water cannot be denied merely on the ground that the residents are living in an unauthorised colony. You may consider writing a representation to Delhi Jal Board seeking release of water and in case of non-redressal you can approach the High Court by way of a writ petition.

Q: Building co-owner adds 3rd floor and says he has additional land share

My property in South Delhi was built with Ground, 1st and 2nd floors. I own ground while 1st and 2nd with roof rights were sold to another entity. The other entity built a 3rd floor without our signatures and now claims they own 3/4th of the building whereas original agreement documents state “right to construct dwelling unit on 1st floor, 2nd floor and above alongwith proportionate undivided indivisible and impartiable freehold ownership rights in land”Do I own 1/4th of the land or 1/3rd?

Advocate Rahul Kukreja answered
Your rights are governed and protected by the registered instrument whereby you acquired ownership. Your land share would remain intact provided it is mentioned in your sale deed. Please check the sale deeds of ground floor as well as 1st and 2nd floor to ascertain if it provides for any right of additional construction. Please also examine if the additional construction is as per the sanctioned plan. You may consider filing a civil suit for demolition of the additional construction if it affects any of your rights under the sale deed.

Q: I Have Filed A Civil Property Case Against My Brother In The Highcourt

There is a will written by mother in favour of my brother in which mother has died and there were 2 witness 1 witness has died and other one has come with our side and its been 2 years i have filed the case and it is still under court registrar so how much time it takes to go under judge

Advocate Rahul Kukreja answered
Go through the order sheets which are available on the High Court website to understand what is the stage of the case. A matter can be before the Registrar for various reasons. Time estimation can only be made after perusal of the orders and the case record.