Advocate Abhishek Tiwari

Questions Answered by Advocate Abhishek Tiwari

Q: Hello, my parents are divorced. Legally my responsibility is

Hello, my parents are divorced. Legally my responsibility is with my father but unfortunately I am staying with mother from a decade. Can, I claim my property rights from my parents.

Advocate Abhishek Tiwari answered
You can claim property rights from both your parents. If it’s ancestral property you have a legal right regardless of whom you live with. For self-acquired property, it depends on their decision to will it to you.

Q: Help And Guidance required to pay off debt and save my family and life

Dear Sir/Ma'am I am in huge debt of about 1.25 cr from private people. They are holding my cheques as well. I have a job which pays me about 1 lac per month. I am married with one kid. I dont know how to come out of it. I want to present my self to law so that a way can be pulled out, so that i can pay them and live my life too. if they put a case against me, i will be in jail. i dont want to loose my job and family. i have done many wrong things in my life, but now i am seeking guidance. pls gu

Advocate Abhishek Tiwari answered
In case of a dishonored cheque, lenders may file cases under Section 138 of the Negotiable Instruments Act but this does not necessarily lead to jail as courts often allow for settlements, further each case depends upon its own facts and circumstances.

Q: Tata Power DDL not releasing new domestic connection

Dear Sir/MamCan we file complaint/case against Tata Power DDL area Darshan Vihar 110084.As due to they are not releasing connection because transformer capacity is overloaded and saying that we need space there for installation of new transformer but space has to be provided by consumer

Advocate Abhishek Tiwari answered
Yes, we can file a complaint against Tata Power DDL. This issue can be raised before the electricity regulatory commission or through a consumer court, as denying a connection on such grounds is not justified.

Q: "Guidance Needed: Property Case Dismissal"

Our property case has been ongoing for 13-14 years. The opposition party managed to get a stay order issued and eventually had the case dismissed by presenting certain reasons.Their main argument behind the stay order was that there are widowed women involved, and they questioned where they would live, etc.So, the questions are:1. Can such a case really be dismissed on these grounds?2. How could it be dismissed like this?3. What should we do next?

Advocate Abhishek Tiwari answered
A case cannot be dismissed solely on grounds like the presence of widowed women or any other humanitarian grounds unless such arguments have a direct legal basis. The dismissal may have occurred due to procedural lapses, lack of evidence, or any other technical grounds.Next step should be filing of appeal if the decision was flawed.

Q: Property Issue Related To Incomplete Building

I had purchased a builder floor in Uttam nagar 6 months ago. Registry is done and we have taken the possession. But the builder had left the building incomplete and there are many pending issues like installation of lift and clearing the parking stilt area. Please suggest a legal recourse. Thanks.

Advocate Abhishek Tiwari answered
Since the builder has failed to complete the promised work, following steps could be taken: 1.Send a legal notice to the builder, demanding completion of the pending issues within a specified time. 2.Pursuant to the notice, if builder doesnt complies with demands file a complaint with RERA or Consumer Forum (as the case may be) to hold the builder accountable.