Advocate Sukhdeep Singh Khaira

Questions Answered by Advocate Sukhdeep Singh Khaira (25+ answers)

Q: Case u/s 318(4) BNS (IPC 420), 319(2) BNS, 66D IT Act

Charges have been framed and case is in prosecution’s evidence stage of trial, complainant has been duped of 86 lakh ruppees, is razinama possible? What is required for that? Accused dosent have 86 lakh ready at the moment but can pay 10-12 lakhs upfront over 2 years accused can pay the whole amount is that possible?

Advocate Sukhdeep Singh Khaira answered
all offences are compoundable, the court's permission is mandatory. Given the massive outstanding amount and the proposed installment plan, securing the court's approval for compounding will be exceptionally difficult unless the complainant agrees to this specific payment plan and the court finds sufficient reason to overlook the lack of immediate, full restitution.

Q: Property dispute between Husband second wife and son of first wife.

Husband died in 1951. His second wife wants equal share with his son from first wife in self acquired property. First wife died in 1955. Second wife claimed to be in possession with the son from first wife. Will she gets any share. Filed civil suit in 1991.

Advocate Sukhdeep Singh Khaira answered
Yes, the second wife will likely get a share of the self-acquired property, and that share will be in full ownership. Since the husband died in 1951, succession was governed by the old Hindu Law, Assuming her marriage was valid, she would have inherited a limited estate share (likely 1/4) along with the first wife and the son. Her limited interest was automatically converted into full ownership by hindu law, because she was alive when the Act came into force, entitling her to claim a 1/4 absolute share through the civil suit filed in 1991.

Q: विरासत की प्रॉपर्टी न मिलने को लेकर प्रॉब्लम...

मेरे पिता को विरासत में मिली हुई प्रॉपर्टी वो मेरे छोटे भाई के नाम करने की सोच रहे है,, उस प्रॉपर्टी में वो मुझे हिस्सा नहीं देना चाहते,, क्या मेरे पास अधिकार है कि मैं अपने हिस्से के लिए लड़ सकता हूं या नहीं?? क्या कानून के हिसाब से मेरा हक बनता है उस प्रॉपर्टी में हिस्सा लेने का ? Please बताए..

Advocate Sukhdeep Singh Khaira answered
If the property your father received is ancestral (inherited from his forefathers without division), then it is considered joint family property. In such a case, all legal heirs — including you — have an equal right in it. Your father cannot transfer the entire property solely to your younger brother. You can claim your share.However, if the property is self-acquired (earned or purchased by your father), he has the full legal right to transfer or gift it to anyone, and you cannot legally claim a share in it.

Q: Cybercrime, mental harassment, death threats, cheating

My boyfriend of 6 years promised me marriage, came to my parents too and suddenly blocked me to secretly married another girl. Now they both are in US. His wife got to know about me and she apparently created a fake ID from my name and is sending him emails which he thinks I am sending. He called n gave me death threats, threats to my family. Told he is going to commit suicide n written my name on letter. I am mentally harassed. What cases can I file against him? Strong enough to deport him.

Advocate Sukhdeep Singh Khaira answered
You can file a criminal complaint against your ex-boyfriend for cheating, criminal intimidation and mental harassment, including outraging your modesty. His threats to your life and family are serious offences under Indian law. Additionally, if his wife has created a fake email ID using your name to send misleading emails, it amounts to cyber crime under Sections 66C and 66D of the IT Act. You should immediately approach the local cyber crime cell with all evidence—screenshots, call recordings, emails, etc.—and register an FIR. Given the threats and fraudulent acts involved, these charges can be strong enough to initiate a lookout notice and potentially impact his visa status abroad.

Q: Need review of Service Agreement for App Development Project.

I’m developing a Punjabi language learning app and received a service agreement from the app development company. I want to ensure we have proper clauses for IP ownership transfer, post-launch support, penalties for delay, indemnification, and content/data handling. Can you review the agreement and advise on key protections we should include or revise? Also, is 18% interest on late payments standard in India?

Advocate Sukhdeep Singh Khaira answered
You should ensure the service agreement includes clear clauses for full transfer of intellectual property rights (including source code and content), defined post-launch support with timelines, penalties for project delays, indemnification for IP infringement or data breaches, and strict confidentiality and data handling provisions. The agreement must also cover user acceptance testing, termination rights, and dispute resolution (preferably arbitration). An 18% annual interest on delayed payments is standard and enforceable in India if clearly stated. It’s advisable to review the exact terms in the agreement to ensure your rights are fully protected before signing.