Advocate Vishesh K Sapra

Questions Answered by Advocate Vishesh K Sapra (25+ answers)

Q: stay on construction of unauthorised lift in front of our house

I hereby bring to notice that unauthorized excavation work is currently in progress in front of my house’s main entrance. This work, which appears to be intended for the construction of a lift, is being carried out without obtaining the necessary permissions from the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA).I wish to outline the following points for your kind consideration:Invasion of Privacy: The ongoing digging has intruded upon the privacy of my family,

Advocate Vishesh K Sapra answered
Unauthorized excavation and construction without approval from the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) violate the Delhi Municipal Corporation Act, 1957, and the Delhi Development Act, 1957. Under Section 343 of the DMC Act, the Commissioner can order demolition of illegal structures, while Section 345A allows sealing of unauthorized construction to prevent further violations.Illegal construction also infringes upon property owners' rights and may amount to a public nuisance under Section 268 of the Indian Penal Code (IPC). If the construction obstructs access or causes damage, legal remedies under Sections 133 and 144 of the Code of Criminal Procedure (CrPC) can be sought for immediate relief.Case laws such as M.C. Mehta v. Union of India (2006) reinforce the necessity of proper approvals before construction, highlighting the Supreme Court’s strict stance against unauthorized development in Delhi.You can file a complaint with MCD and DDA, seek an injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), and approach the National Green Tribunal (NGT) if environmental concerns arise due to excavation.For further consultation, find me on Google search.

Q: Recovery of Stolen Property, Vehicle recovery

My vehicle which had been stolen has been recovered along with 10 more vehicles under a case. I wish to get it recovered. An order was passed by the court for disposal of all the vehicles( one order issued for all the vehicles). Now police has the order and even one person got his vehicle recovered after getting a certified copy of the order. Do i need to get a certified copy of the order or can police release the vehicle on the basis of that order already that a owner of one bike gave them.

Advocate Vishesh K Sapra answered
Since the court has issued a single order for the disposal of all recovered vehicles, you should be able to get your vehicle released based on that order. However, police may require you to provide a certified copy of the order along with proof of ownership, such as RC, insurance, and an ID.To avoid any procedural delays, it is advisable to obtain a certified copy of the court order and submit it to the police. If they still refuse, you may file an application before the same court requesting directions for the immediate release of your vehicle.For further consultation, you can find me on Google.

Q: Does my brother have business right on family property

We living among all shops around our house. My brother he open general store on family property. He not share his business income with family. After my mother and father deceased, he not willing to sell family property and he demanding additional business share. If I file partition, can my brother demand business right on family property?

Advocate Vishesh K Sapra answered
Since the general store is operating on family property, your brother does not have an exclusive right over the land unless a legal partition has already been done. The property belongs to all legal heirs, and you have the right to seek partition.Your brother's business income is separate unless it was established with joint family funds. However, if the business benefits from family property, you may claim compensation or rent for the use of your share.If you file for partition, your brother cannot demand an additional business share unless he proves a legal right over it. The court will divide the property based on inheritance laws, ensuring a fair settlement.For further consultation, you can find me on Google.

Q: Family inheritance property Dispute between two brothers

A property owned by my grandfather was to be distributed among 2 sons A and B(both dead). A has a son, the plaintiff. B has a son(me) respondent.The parties do not agree upon a single way of partition(map). A case was filed in lower court and dismissed ex parte as B did not appear in court for all hearings. Another appeal by A in high court, next hearing on 14.05.2025. notice says that judgement will be given even in absence of B, what to do now? I am poor and do not have the resources to fight

Advocate Vishesh K Sapra answered
Since the property was inherited by both A and B, their legal heirs have equal rights. The plaintiff (A’s son) has filed an appeal in the high court, and since the lower court dismissed the case ex parte, you must participate actively in the appeal to defend your share.Even if you lack financial resources, you can seek legal aid from government-appointed legal services or pro bono lawyers. You should file an application requesting your side to be heard before any final judgment is passed.If the partition plan is disputed, you can argue for a fair division based on succession laws applicable in your jurisdiction. If you were not given notice in the lower court properly, you may also challenge the ex parte dismissal.For further consultation, you can find me on Google.

Q: Unregistered Property Transfer, transfer of property

Hi, I have a property which is unregistered. It is a property in given by govt on lease. Can it be transferred from owner to a relative just by a contract on stamp paper. How does transfer of property in this case work.

Advocate Vishesh K Sapra answered
A government-leased property is generally not privately owned, meaning transfer rights are subject to lease terms and government regulations. Typically, such properties cannot be transferred via a simple contract on stamp paper. You may need prior approval from the relevant government authority, and the transfer may be restricted to specific cases such as legal heirs. Check your lease agreement and consult with the local land authority for proper guidance.For further consultation, you can find me on Google.