Advocate Sarthak Ahuja

Questions Answered by Advocate Sarthak Ahuja

Q: Challenging gift deed and info about ancestral property act what to do

This is a case on ancestral property. Basically my father gift deed the suit property to my bhabi (elder brother's wife) in 2010 (as per the papers) which i got to knew last year. They registered a case against me for threatening his life(totally fake) for the same which is going on in the court. The court also sent a local commissioner for the survey of the suit property and yes i have some part of the property in my control (registered by local commissioner - locks have been put up). But the problem which is coming is that my lawyers constantly say me that our probability of winning is very low and this is a case in which "We are fighting against the Law" as he says that according to ancestral property act, my father can transfer the "Whole Ancestral" property to my elder brother anywhere just on the tip of his pen. Is this true?

Advocate Sarthak Ahuja answered
A property can only be termed as ancestral property if it is 4 generations old and has not been divided by the past 3 generations. First of all, ancestral property cannot be gifted away as per a landmark judgement of the Hon'ble High Court of Bombay. Secondly, all the sons (and daughters, if the father is alive, or passed away after 2005) have equal right in the ancestral property. Thus, you have an equal share in your ancestral property. You have a very strong case if the property is ancestral as per its legal definition.

Q: Harassment by a woman police officer

I am looking fir help here plz help me i am a 28 year old woman there was some incident happened at my store on 11 aug 2017 where police got involved a day later they called me up to police station i went there but ask me to finish the case outside and meet personally to the other party i waited for their calls no one turned up at that time i was told fir was not registered officially the lady with i had a fight was a police officer herself threatening me that i wont let you live peacefully now.. now its been more than a month they came to me on 16 sep 2017 told me that fir has been registered that time i was out of town so i came now u have to come to police station on Monday for investigation i said okay i will come next day again the same office came up asking me for evidences which i have saved was threatening me that i can come along warrant and arrest u people ..i have no clue what to b done now plz help ?

Advocate Sarthak Ahuja answered
Please do not hesitate and there is no need to be scared when you haven't committed any offence. The government of Delhi has set up a Police Complaints Authority (PCA) and this authority hears to complaints by public against a serious misconduct by any police officer. In your case, a complaint can be made to the PCA for abuse and misuse of power by the said woman police officer. Please be assured of any further help if needed.

Q: how to initiate recovery of money from the debtor

I'm a electrical contractor I take a work in Mauritius in February now the site is on the final stage and we done all the work but we are on tourist visa some guy in business visa and the party don't give the money what we do

Advocate Sarthak Ahuja answered
A suit for recovery can be initiated where the cause of action took place or where the defendant resides and/or works for gain. In your case, the defendant resides in Mauritius and the cause of action also took place in Mauritius. However, for better understanding of the facts and circumstances, it is essential to go through the terms and conditions of the contract between both the parties.