Advocate Tejas Mehta

Questions Answered by Advocate Tejas Mehta (25+ answers)

Q: Section 340 On Spouse For Spousal Income Without Proof

Sir, can/ should section 340 be invoked if wife falsely writes an exaggerated salary of husband without any proof in the income affidavit ? Similarly can husband come in ambit of 340 if she mentions working status of wife without proof ?Basic question can 340 be invoked if in spousal details some reasonable possible income details are mentioned without proof ?

Advocate Tejas Mehta answered
If the Wife Mentions an Exaggerated Salary of the Husband Without Proof • If the wife falsely claims an inflated income for the husband in her income affidavit, it may qualify as misrepresentation or false statement under oath. • However, courts generally expect some margin of error in estimating a spouse’s income. • If it is a deliberate, willful misrepresentation intended to deceive the court (rather than just an estimate or assumption), then Section 340 CrPC could be invoked. • If this false statement leads to a wrongful advantage (e.g., excessive maintenance), the husband may file an application under Section 340 CrPC, but the court will decide whether prosecution is warranted.

Q: REGD. Will how to enforce without sister NOCr consent

Sister excluded from REGD. WILL of parents unless their self-acquired house is sold by three brothers, and then only she is entitled to a 10% share, brothers share 30% each. Sister not signing NOC towards 3 brothers. How to mutate house in the names of three brothers.House is a villa three storey, one floor for each brother.

Advocate Tejas Mehta answered
Since the registered Will states that the sister is entitled to a 10% share only if the house is sold, her refusal to sign the NOC does not prevent the three brothers from proceeding with mutation in their names. They can apply for mutation at the local authority (MCD/DDA/Revenue Office) by submitting the registered Will, death certificate, and property tax receipts as proof of inheritance. A public notice can be published to invite objections and avoid future disputes. If the mutation authority insists on the sister’s NOC, the brothers can obtain a legal heirship certificate or file a declaratory suit in civil court to confirm ownership. Since her share is conditional, she cannot claim direct ownership or block mutation. To prevent future conflicts, the brothers may also consider executing a partition deed or family settlement agreement confirming their respective floors. Let me know if you need help.

Q: DDA flat has been booked by MCD..need to remove this booking.

MCD had sent demolition order for our one rooftop room and a washroom to which ATMCD gave immunity saying it was constructed before 2007 under the master plan however asked to remove washroom which we removed... However, now mcd still has booked our flat saying you need to remove the room aswell in order to remove booking as per our norms... They said court just gave you the immunity but booking would still be there.. So it is contrary to atmcd court... What to do

Advocate Tejas Mehta answered
Since the ATMCD court granted immunity for the rooftop room under the Master Plan 2007, but the MCD still maintains a booking, you can challenge their stance legally. The MCD’s demand to remove the room contradicts the ATMCD order, making their action arbitrary. First, obtain a certified copy of the ATMCD judgment and formally respond to MCD, citing the ruling. If MCD refuses to comply, you can file a contempt petition in the Delhi High Court against MCD for disregarding the tribunal’s order. Additionally, you can seek a clarification order from ATMCD, reinforcing that the room has immunity and MCD’s booking should be revoked. If needed, a writ petition can be filed in the Delhi High Court to quash the booking. Let me know if you need assistance drafting a legal notice or petition.

Q: Construction without consent of other floor owners

Ours is a building wherein Ground, First, and 2nd floor are built now 2nd floor owner started construction on roof of 2nd floor claiming roof rights but no paper shown. As the building is more than 35 years old and strength of building is also not good.Some years back Ground floor internal water pipe line get chowked and external line has been placed now he has disconnected that line .please suggest immediate action.

Advocate Tejas Mehta answered
Since the second-floor owner is constructing on the roof without showing ownership papers, and the building is over 35 years old with structural weaknesses, immediate action is necessary. Unauthorized construction can be reported to the Municipal Corporation (MCD)/ DDA under the Delhi Building Byelaws, 1983, as it may violate structural safety norms. You can file a complaint with the local municipal authority to halt construction until legal ownership is verified. Additionally, disconnecting the external water line is illegal and should be reported to the Delhi Jal Board (DJB) and RWA. A legal notice can also be issued to restore the water supply and prevent unauthorized construction. If urgent, filing a civil injunction suit in court can stop construction and ensure water access. Let me know if you need help.

Q: Leakage ans sepage from top floor and access to tarrace

I am in 2nd floor of a DDA flat in vasant kunj. My top floor owner (3rd floor) is not repairing the leackages from her floor, and i have to do the repairs every 6 months spending Rs 6000 ~ 8000. I have requested her for the same for last 4 years but she is not listening to the same. Also she has locked the tarrace and doesn,t give the keys for maintinance of water tanks. She goes on holiday etc without giving the tarrace keys. Please suggest way out

Advocate Tejas Mehta answered
As the leakage originates from the third-floor owner’s flat, she is legally responsible for its repair. Since repeated requests have been ignored, you can issue a legal notice and seek action from the Resident Welfare Association (RWA) or DDA. If she continues to neglect repairs, you can file a complaint with the civil court for damages and an injunction to compel repairs. Additionally, locking the terrace and denying access to water tanks violates fire safety and maintenance regulations. You can report this to the DDA, RWAs, or local municipal authorities, as common areas cannot be restricted. If required, legal action can be initiated to ensure access and prevent further inconvenience. Let me know if you need ant help in proceeding any further.