Advocate Surender Jalandhra

Questions Answered by Advocate Surender Jalandhra (25+ answers)

Q: My maid working in our house made videos of my husband

A maid working in our house made videos of my husband chatting on the bed with her . She’s from Nepal. She took 10000 from him saying her father has had an accident in Nepal and needs money. She also tried to seduce him in the bedroom and made videos of that too . Now she wants money otherwise she says she will send videos to our families. Please advised .

Advocate Surender Jalandhra answered
In your case, it is clearly a matter of blackmail, criminal intimidation, and extortion, which are serious criminal offences under Indian law. The maid’s act of recording private videos without consent and using them to demand money is a punishable offence (extortion), (criminal intimidation) of the BNS, and also under Section 67 and 67A of the Information Technology Act, 2000 for creating and threatening to circulate obscene or private content electronically.You should immediately lodge a written complaint with the local police station explaining all the facts in detail, along with any supporting evidence such as messages, call recordings, or proof of money given. Do not give her any further money or engage in direct communication, as it may strengthen her hold over the situation. You can also approach a lawyer to help draft the complaint properly and ensure the FIR is registered under the correct sections.The police can trace her phone number and recover the videos or devices used for recording. Her actions can also lead to deportation proceedings if she is a foreign national working illegally in India. protection measures.

Q: Case Discussion ipc354d, it67, ipc509

Talk to lawyer for case discussion with settlement

Advocate Surender Jalandhra answered
Your case relates to Sections 354D and 509 IPC and Section 67 of the I.T. Act, which deal with offences like stalking, insulting the modesty of a woman, and publishing or transmitting obscene material online. Before suggesting any settlement or legal strategy, it is very important that you explain the complete facts of your case — how the incident occurred, what kind of evidence exists (such as messages, chats, call records, or screenshots), and whether any FIR or charge sheet has been filed by the police. Once these details are known, I can better guide you whether to go for a compromise or contest the case.If the case is at an early stage and both parties are willing, settlement can be considered through mediation or by filing a compromise petition before the court, especially if the allegations are not very serious and no strong evidence is available. However, if the complaint is false or exaggerated, it is advisable to defend the case strongly with the help of a lawyer by collecting all evidence that supports your innocence. Therefore, first share the full background, the present status of investigation or trial, and the intentions of the complainant party — only then can a fair and legally sound advice about settlement or defence be given.

Q: Case against director who siphoned doff money from company bank a/c

One of the directors siphoned off money from company bank account. Now, there are no funds, but company needs to pay bills + loans taken from other directors first. How can company take funds back from that director who siphoned money?

Advocate Surender Jalandhra answered
In the present case, it is important to first examine whether the director who siphoned off money had the authority or power to operate the company’s bank account independently. If he was an authorized signatory and misused his position for personal gain, it amounts to “criminal breach of trust” and “misappropriation of company funds” under Bhartiya nyaya sanhita (BNS). However, if he was not authorized and illegally withdrew funds, then it becomes a clear case of fraud and cheating. The company should first conduct an internal inquiry and collect all documentary evidence such as bank statements, board resolutions, and authorization letters. Based on the findings, the company can take both civil and criminal action. A civil recovery suit may be filed before the appropriate court to recover the siphoned amount, along with interest and damages. Simultaneously, a criminal complaint can be lodged with the local police or Economic Offences Wing (EOW) against the director for fraud and misappropriation of company funds. The company should also call for a Board Meeting and pass a resolution authorizing the Managing Director or another director to take legal action. It is also advisable to inform the Registrar of Companies (ROC) about the misconduct of the director. Hence, a proper factual inquiry, documentation, and dual legal approach—civil and criminal—are the most effective remedies for recovering the siphoned company funds.

Q: gifting of property to sibling

my husband, hindu, is planning on gifting is one and only flat to his sister, ignoring the future security of his own children. we used to live in this flat, now his sister lives there from 5 years after we shifted cities. He is the legal owner of the property and i am dependent on him. is there anything i can do to prevent this from affecting my chldren's future?

Advocate Surender Jalandhra answered
In the present matter, as per your statement, your husband is the legal and self-acquired owner of the flat. Therefore, under Hindu law, he has full ownership rights over his self-acquired property and can transfer or gift it to any person, including his sister, during his lifetime. You or your children cannot directly prevent him from doing so unless you can prove that the transfer is being made to deprive you and your children of maintenance or with malicious intention. However, if your children are minors, you have the legal right to claim maintenance for yourself and your children under the Hindu Adoptions and Maintenance Act, 1956, and BNSS . You can approach the Family Court and seek a suitable maintenance amount as per his income and standard of living. If he fails to pay the maintenance ordered by the court, you can request the court to attach or place a charge on his property, including the said flat, to secure the maintenance amount. This will legally restrict him from transferring or disposing of the property until the maintenance dues are settled. Hence, while you cannot stop him from gifting his self-acquired property, you can ensure your children’s future security through a lawful claim of maintenance and protection orders from the Family Court.

Q: Transfer deed can be reversed,when there is no condition in registery

I have house under my name registered last 3 and half years, father got married at age 65 and live other house ,now asking 1 part share of property bcz it was under my mom name she passed away 4 years so it transfer to my sister ,my father n mine and later they transfer deed both under my name ,Now he filed case for his share under senior citizen act and asking money or his 3rd share ,court put status qou in my property..My question can he reverse house registery back to 3 of us again after

Advocate Surender Jalandhra answered
They can claim maintenance from you, and if you fail to pay them the monthly maintenance amount that the authority has approved, the court can return your property to them under the senior citizen act they claim maintenance only if you failed to pay then the transfer deed cancel