Advocate Shivender Singh Tanwar

Questions Answered by Advocate Shivender Singh Tanwar

Q: Clarification on quashing of 498A case. Please advise

My case is. Going on since July 2012.. in sonipat Haryana in may 2013 wife file application for additional accused u/s crpc for my family but till date after passing more then 3 and half years the 319 application is still pending .. cam I go for quashing the 498a and dv in high Court during the pendency of the case ,, only my wife and I.o cross is done

Advocate Shivender Singh Tanwar answered
Dear, as i am a practicing as a lawyer in Haryana and i will not suggest you to go to high court till the time you both doesn't go for the compromise and if compromise is not possible then then advance your arguments on the application of 319 Cr.p.c and request to court to announce the order on that application.

Q: Can i do construction on plot which registered under agricultural land

I have a 500 Sq yds plot in Anangpur Dairy near Sector 37, Faridabad. My registry is Agricultural status, but it is in Abadi area next to sector 37. Do I need permissions from MCF etc. to do construction on my plot.

Advocate Shivender Singh Tanwar answered
yes, if you want to do the constraction on your plot then you have to take the permission from MCF and you have to pay the development charges as well to MCF and as per agriculture status of your plot you can convert it for residential purpose after paying development fees to MCF as your plot is small then one kanal

Q: Can I sell the flat without owners consent and signature if I have POA

sir, I had been alloted a flat in one of housing society in Gurgoan along with my uncle. Recently he has given me legal power of attorney to take decision regarding the flat. I want to know whether I can sell the flat without his consent and signature.

Advocate Shivender Singh Tanwar answered
if your uncle have transfer the power to you through GPA (General power of atorney)or SPA (special power of attorney) to you then you can sale that said plot/ flat without the signature or his presence

Q: To file case for recovery of our property from illegal possesion

Do we need to pay MONEY as court fee to file a case for recovery of our property and stolen things from illigal possession, if yes,is is dependent of property and goods stolen price,how much in percentage,

Advocate Shivender Singh Tanwar answered
Dear don't get confused if something of your has been stolen then file a complain to concern police station and for illegal possession of property you should file civil suit. And when we file the civil suit for possession then there is just a nominal court fee but when we file suit for recovery then we have to pay court fee as per court fees act which different for every state.

Q: Land on father and grandfathers name can uncle claim share

Hi my father land is on my grandfather name and both are no more and my tauji and chacha are against us what can be done can a signature on blank paper will be sufficient by both of them

Advocate Shivender Singh Tanwar answered
you have all the right on the property as per the customary laws, ( depends on religion Hindu or Muslim) on the property of your grand father and you can claim the right in the property and your tauji and uncle can not stop you to avail your rights if your grand father had not execute any will Vasiyatnama