Advocate Shriya Maini

Questions Answered by Advocate Shriya Maini

Q: Taking care of property from last 40 years how can we claim it ?

We're taking care of a land from past 40 years. Now the landowner is threatening us to take back the land, He gave us without enforcement. We've no legal papers of it. The land is still barren, We took care and didn't used it in any incorrect way. Please help us to keep the land. My uncle was also the partners with the landowner. what is supreme court judgement on possession of property ?

Advocate Shriya Maini answered
I would require more information and details to answer your query. As for your possession of the land is concerned, I would require some sort of proof to show that you are managing the land for 40 years - such as any water/electricity bill/rent of property of that address in your name or any sort of documentary proof. From what you state, adverse possession is a plea that could be taken but that not so easy to prove in Court. Hence, I would have to reconfirm the applicability of adverse possession to your situation once I peruse the papers and ask you questions to develop more information on the same.

Q: My mother-in-law is refusing to return my jewellery that she took from me.

I have been married for a year now, and my mother-in-law has taken all my jewellery and refuses to return it. Despite my repeated requests, she does not respond to me. What legal actions can I take if my mother-in-law has taken my jewellery?

Advocate Shriya Maini answered
You can file a domestic violence case under the Protection of Women against Domestic Violence Act. Also invoke Section 498 A (b) (Husband or relative of husband of a woman subjecting her to cruelty), Section 406 (criminal breach of trust) and Section 506 (criminal intimidation) of the Indian Penal Code against her and demand your jewellary back.

Q: What to do if a teacher slaps your child ?

my 4 year old nephew is being beaten up regularly in his school. it is a private school and we have spoken to the principal but nothing changes. what to do if a teacher hits your child ? what legal action can we take against the teacher and the school?

Advocate Shriya Maini answered
Please lodge a police complaint immediately (and give a copy to the concerned school authorities) alleging Section 323 (voluntarily causing hurt) of the Indian Penal Code against the teacher specifically and concerned section of the State law against cruelty to children against the school. Depending upon where is the child studying, select the state law, for instance, UP State Law's Section 23 deals with the same.

Q: Cheque bounce issued to me has bounced what action can I take

I would like to ask a question in reference to a cheque that was given to me and got bounced, the person is not giving my money from last one year and i filed a police complaint also , and he gave me a cheque which he said will clear but inspite of police complaint ,he is not returning my money and i am like fed up with his daily excuses . The cheque that he gave me got bounced and i have the bounce reciept from the bank can you please advice me about the next step that i should follow.

Advocate Shriya Maini answered
Immediately send him a detailed legal notice, preferably from the letterhead of your lawyer and demand your monies back. The notice must be very specific and detailed please. The steps thereafter would require you to approach a lawyer and take recourse of the law.

Q: How to claim share in mother in laws property

My father in law had expired 4 years back leaving behind a registered will stating all the movable and immovable goes to my brother in law and we have never disputed. A house property (New Delhi) is in my mother in law name and she was expired last year intestate. When we ask for the share from mother in law, after sending legal notice, he is saying there was a will written by my mother in law before her demise (hardly 4 months). We know there is no such will and how to handle this situation. Please advise

Advocate Shriya Maini answered
You will have to challenge the will that your brother in law claims to possess in the appropriate court of law and claim your rightful share in the property. Forthwith Get in touch with a property law who does succession and inheritance!