Advocate Aditi Gupta

Questions Answered by Advocate Aditi Gupta

Q: What is circle rate of property ? Can a person purchase any property at a price more than circle rat

Can a person purchase any property at a price more than circle rate of the area? For e.g. if the circle rate of xyz area is 4,70,000 (in J.J colony ), then in that case Can a person purchase that property in 15 lakhs, I mean, is such registry possible?? what if sale consideration is more than stamp duty value ?

Advocate Aditi Gupta answered
Circle rate is the minimum rate at which properties can be sold or transfered. Market rate is the rate arrived at between the seller and purchaser. The property can be registered at a rate more than the circle rate.

Q: Wife living separately for over 3 years, asking for maintenance

Wife living with her parents for last 3 years with 5 year old daughter. Asking for maintenance from my army office. No case in court till now. what will be my preventive step? She was attempted for suicide very often during stay with me. No proof I have.

Advocate Aditi Gupta answered
Since your wife is living away from you for the last 3 years, you have a good ground to aproach the court for divorce on grounds of desertion and cruelty. If you can show that she has deserted you of her own will and not for any reason you can be held responsible for then there is law that she is not entitled for maintenance.

Q: What to do in case of cheque bounce

My cheque got bounced 3 months back. What should I do know and what is the procedure

Advocate Aditi Gupta answered
In the event the cheque is dishonoured you will have to serve a legal notice within 30 days of the said intimation giving him 15 days time to make good his liability, if he fails you will have a further 30 days period to file a complaint before the magistrate. Limitation is crucial in 138 cases.

Q: Legal remedy for altering the eligibility for appearing in Neet exam

The Ministry of Health in direct contravention of it's powers has decided to fix the upper age for appearing in Neet examination as 25 , even though many states like U.P and many reputed institutions have no system in place. At best they are in legal authority to fix maximum age for All India Quota seats which has been the practice till last year. What legal remedy can I seek against this grave injustice?

Advocate Aditi Gupta answered
The remedy available to you in such cases is to challenge the vires / validity of the said rule/ regulation / circular etc by showing the direct conflict with the act and the violation thereof along with the authority granted under the act. The challenge to include the violation and contravention of rights especially Constitutional rights.

Q: I got stay order for installation of tower should I take back the case

A base to install reliance broad band tower was made on our neighbour's roof we filed a case and got a stay. after 3 years our lawyer says the company will not install the tower and we should take back the case. Is the lawyer favouring the other party What will be the consequences and what steps i should take to aviod any troubles in future now the advocate has shown us the letter by reliance jio but earlier it was reliance broad band can i get compensation also

Advocate Aditi Gupta answered
In the case filed by you since you have a stay order, there ought not be any installation till the order subsists. there is no such thing of withdrawal or taking back the case without any proper adjudication thereon. In that event the opposite side in the absence of stay may go ahead with installation. It is better either to have a statement recorded by the opposite side to not do any installaton or have the matter authoritatively decided by Hon'ble Court.