Advocate Sanjana Antil

Questions Answered by Advocate Sanjana Antil

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.

Q: Called for a deposition and wondering what type of lawyer I need

My wife's employer is being sued by a former employee who says my wife was promoted based on her having an affair with her boss (all true) I know that she wasn't promoted because of that but I did say some nasty things about my wife via text to the wife of the guy she was having an affair with (its a real soap opera!) Anyway my wife and I get along really well after all of this nonsense so I'm just wondering if she needs a lawyer (she's being advised by the companies lawyers) or if I need one. Thats' the simplified version of the entire mess!

Advocate Sanjana Antil answered
Sir, since your wife has been called to dispose on certain facts related to her employment, promotion, etc., it will help her in case she has legal help as the advocate will be able to prepare her for the deposition including probable questions and how to handle them as once her examination is recorded, she will be cross examined by the other party too. The advocate will be able to challenge irrelevant questions etc. on her behalf at the time of actual deposition.