Advocate Roshan Santhalia

Questions Answered by Advocate Roshan Santhalia

Q: Are 420/120b ipc bailable or not?

I want to know whether IPC 420 and IPC 120B are bailable offenses. Additionally, I want to understand if the bail is rejected by the Patiala Court, can we file for bail again in the Patiala House Court?

Advocate Roshan Santhalia answered
These offences are non bailable offences. If the Magistrate Court has rejected the bail then you can either wait for the filing of the charge sheet to file the bail application once again or move the Session Court for bail under Section 439 of the CrPC.

Q: what to do when a client doesn't pay in india ?

We are a Delhi based company. One of our clients has stopped paying us the dues. And from 2013, Their accumulated dues are more than 3 Lakh. We have made several calls,visits,mails but nothing is done about it. Now, i would like to know a couple of points. 1) legal action for non payment of invoices in india and Get the outstanding payments to Debited to my account? 2) On what grounds can i file a legal case against them? 2) How to deal with such clients? 3) What is the average time that such a case is resolved? 4) Will i be paid any compensation except the principal amount?

Advocate Roshan Santhalia answered
Dear Sir, You can file a suit for recovery along with interest and damages. Generally, the sum pending along with 9 - 12 percent interest is granted in such cases. No damages are granted in ordinary civil suits for recovery, however, cost of litigation will be awarded to you. If you have a good and diligent lawyer you can get the money back within 1 - 2 years of the filing of the suit. Advocate Roshan Santhalia

Q: Transfer the property in absence of will

My Grandfather expried last month and having 2 sons.Now there s no will and in absence of will whats the procedure of the transfer thehe name of property on their sons individually. I asked that issue with local lawyer and they told me that first of all property will be tranfer to elder son means my tauji and after 3 days my Tauji will transfer it to my father . IS it right way of transfer? Plz suggest me about this

Advocate Roshan Santhalia answered
This is not correct. The properties will devolve to the wife of the grandfather and the 2 sons in equal shares. The property will not be transferred to Tauzi. It will be transferred to all first class legal heirs in equal shares. First class legal heirs are wife, sons and daughters.

Q: What legal actions to be taken in Dispute with neighbor

Hello, I live in builder floor in south west delhi..2nd floor, my neighbour downstairs is erecting a hanging water shed over his balcony..without prior permission of other building members.it will obstruct our view below as well as will block our space for drying cloth on wire....hence we asked him to tilt the shed at 45°...but he simply refused...and picked up a fight with us...hence we called police..the police said the shed was illegal and they can get it demolished if we ask but rather asked our neighbour to tilt the shed at 45° degree as per our convenience and took a written representation from the neighbour that he eill comply....and hence they settled the complaint.....si what are my options if my neighbour doesnt complies with his written promise...what are future actions i shall take and pls advise on the legality of such sheds....?

Advocate Roshan Santhalia answered
You have Easement rights under the Law of Easements. This is not a matter in which police can directly intervene. You will have to file a suit for permanent and mandatory injunction and get directions from the court which ensures that you Easement rights are not violated under any circumstances.

Q: Can a grandson sell his share of his grandfather's property

Please help me. Property is in the name of my grand father. My grand father has four sons. I am son of my grand father's elder son. I m 2nd in four brothers. Now, due to family tension, i want to sell my share.Can I do that?

Advocate Roshan Santhalia answered
It depends on the nature of the property. If the property was acquired before 1956, then you can very well claim for a share in the same. However, if the property is built post 1956 then you cannot claim a share in the same as the property would have been acquired by your parents as a self acquired and not an ancestral property. You can contact me for further queries if any.