Advocate Yuganshu Sharma

Questions Answered by Advocate Yuganshu Sharma

Q: Online sexual harassment case,messaged through whatsapp

I sent sexually abusive chats to a girl I know on whatsapp.I was just angry and did not meant to harass her.Her lawyer sent me a legal notice under IPC 354,509,and IT ACT 66.she has my chats as evidence from my number.What is my defence,I think I am in trouble.I can't believe Indian women now,will i have to go to years of jail for such petty issues.My personal and professional life will be destroyed because of such women.I need advice from expert lawyers in this forum,how will I defend?

Advocate Yuganshu Sharma answered
Hi querist, Since you mentioned that the messages sent by you to the girl are sexually abusive in nature. You have also mentioned that the girl is known to you. First and foremost, one has to understand that a legal notice by lawyer alleging that the offenses under section 354, 509 and 66 It act have been committed by you, does not have any legal sanctity and no penal consequences have been invoked. Further, Your defense can be plenty of things such as relationships with women, messages represent the true nature of the women and you have backing for what has been stated by you and the other would be denying the allegation as having chats merely and relying on them won't survive proving the allegations in the message. Nothing is going to affect your personal life and career, just choose a proper strategy to counter it.

Q: Share and partition in property

My grandfather had two wives. The second wife is my real grandmother while there are two other sons alive from first wife of my grandfather. My father works in US and here I am residing with my mother. Now my grandfather is not well these days and we want to sell our portion that we have in our grandfather's property but my both uncle are against it. Can we file a partition suit against them ??

Advocate Yuganshu Sharma answered
That depends on whose name the property is. As you mentioned your share, I am assuming that the nature of the property is ancestral property. if so, yes. since the ancestral property right is given since birth and you can seek partition anytime of your share and can also sell that share. If the share is established and partition is granted you can do whatever you want to do with the property

Q: builder neither giving possession nor money back

I have booked two flats under construction link in sept 2018 and paid all amount till jan 2019 and the construction of 8 flats completed by April 2019 but builder not handed over the flats to me as he said ,he has some money dispute with landlord so that land lord not allowing him to give possession to me whereas others owners occupied the flats . builder neither giving possession nor giving money back as i sent a legal notice to him already. Let me know what should i do to get my money back ?

Advocate Yuganshu Sharma answered
The remedy depends on the nature of the property and the status of builder. whether the builder is rera registered and the property is rera registered or not. If yes, you can approach RERA and get the remedy of either possession or your money alongwith the interest. If not, then civil suit for recovery of money or the specific performance of the contract can be filed and the remedy can be obtained.

Q: Clarification regarding ipc 377

Sir/madam, i have a query regarding ipc 377. Sir I want to know if a wife has filed a 377 against her husband with relevant medical evidence of anal penetration and injury, can he be acquitted on the basis of ipc 375 as marital rape is not a crime in india?

Advocate Yuganshu Sharma answered
One has to decipher the provisions as stated. 375 can't be made out against the husband. Equivalently, 377 prima facie can not be made out against the husband. Medical evidence per se stating that there was something penetrated in the anal region won't constitute the offense, various other corobative circumstances are required to establish the guilty such as traces of semen in the anal region( if sexual intercourse is alleged) or creating a chain of circumstances which can establish the guilt. Per se, recently, Hon'ble High court of MP has already dictated that 377 can not be made out against the husband. However, it is a ground of cruelty and the wife can seek divorce or charge the husband under 498A

Q: Certificate 65B(4) during electronic evidence

I would like to know if it's mandatory to produce a certificate when you want to put digital evidence on record? I mean I use my mobile and it has those WhatsApp chat (primary evidence), can I not simply show those chats from my mobile or am I supposed to give printed screenshots of the same along with this certificate. Please guide. And what about audio recording.

Advocate Yuganshu Sharma answered
You have to provide the screenshots of the conversation in print form or the exported chat in the printed form. under such circumstances, If you are relying on the electronic evidence you will be entitled to prove the same through a certificate under 65 B which authenticate your evidence and only after which the evidence will be exhibited and read by the court. you are advised to do the same to proves your case much better.