Advocate Sanjana Antil

Questions Answered by Advocate Sanjana Antil (25+ answers)

Q: How can I retrieve my phone from police custody ? Could you provide the format for an application to

My phone was snatched on a public road, and within 30-40 minutes, the police apprehended the snatchers using location tracking, resulting in a case being registered for robbery and snatching. Now, the case is in district court. How can I obtain the return of my snatched phone from police custody? I have already submitted an application to the court for the release of my mobile phone (superdari application). What should be my next steps? I have a hearing in 4 days. Which documents should I bring, and what will be the procedures? Thank you.

Advocate Sanjana Antil answered
Sir you have to move an application for release of of your phone in superdari as it has become a case property. In case you have the bill of the handset, please attach a copy of the same with the application

Q: Trespassing of property is a criminal offence ?

Hi, My name is Piyush. I live in south delhi with my parents. We have a property in the name of my late grandfather and grandmother which my father has build in 1990. My father has 2 sisters, but they never used to live in the said property. In 2018 one of my "BUA" broke into our ground floor and they are living over there along with my second "BUA". I have all the CCTV recordings of breaking/trespassing my house. They are demanding partition of the property. I don't understand if my dad is in adverse possession of the property from the past 30 years. Now how come my BUA's are asking for partition of the said property.Is there any way I can remove my BUA's from the said property and file charges for trespassing and breaking in. Thanks Piyush

Advocate Sanjana Antil answered
Did you grand parents leave behind any will? In case of intestate succession, all legal heirs have equal rights in the estate of the deceased. Earlier, Adverse possession was only available as a defense. The Supreme Court has now expended by scope by holding the such person can file a suit to reclaim possession if dispossessed.Trespass is a criminal for which an FIR can be lodged. Legal advice is subject to full disclosure of all relevant facts and documents.

Q: Sealing Of Residential Plot by SDM

I have given residential plot on rent and the tenant kept the plastic waste and same has been sealed by the SDM as per the orders of DPCC. How get the plot vacated and how to get it de sealed.

Advocate Sanjana Antil answered
Any advice is subject to the actual contents of the sealing notice. You can approach the concerned commissioner of MCD for deseung of the property . you will be required to file affidavit. Alternate: you can approach MCD appellate tribunal situated in Tis Hazari District Courts

Q: Demolishing my Home by SDMC WITHOUT NOTICE and Prior Information

Hey. Iam south west delhi resident. My home is located in densely populated street & colony. Reconstructed in 2018. It's 1 storey building and in authorised area. But Today JE with 7 Delhi police and 10 labours entered my home and demolished boundary and walls of terrace without showing us any legal order or permit. They even didn't gave us notice in advance. They just came and started demolishing. That JE even threatened me that if I want stop him then he will demolish my whole building and take away my LPG connection and cut away water & electricity connection. I want to know How they can do this without giving us notice or showing us court orders? And what can I do against that JE/SDMC as iam afraid that they will do something big tomorrow. False allegation was put on us by my neighbour. She had already lost one case in high court against us.But then also she is poking us again n again.I want final solution of this as she is already torturing us mentally. Iwant an urgent legal advic

Advocate Sanjana Antil answered
What is the status of your house? Do you have a sanctioned building plan? Before any action, SDMc is required to give you a notice. did you receive one or one was pasted on the property? all future course depends on the complete information. You can either move an application for regularization of the property or approach HC on basis of apprehension. you can also challenge the demolition order, if any, before MCD Appellate Tribunal.

Q: Visiting rights to children after wife leaves the husband

My son's wife left my son's house along with her belongings around 3 months back with two children aged 9 and 5. She works in delhi and has put her children in a school in bhatinda with her brother who is in the army. The wife is based in delhi and does not allow my son to visit the children. If we file case which courts have jurisdiction ?

Advocate Sanjana Antil answered
Sir, your son can approach the concerned family courts where he can either file an application for guardianship of the children under the Guardianship Act(where can get visitation rights during the pendency of the petition) or file an application for visitation only.