Advocate Anushka Mathpal

Questions Answered by Advocate Anushka Mathpal

Q: VEHICLE SALE PROCEDURE FOR MY CAR

I want to sale my car to another state but i want to ask the person is telling me to get the noc of the car and a affidavit he will give me i should give him the possession of the car ???

Advocate Anushka Mathpal answered
You are strongly advised not to hand over possession of your vehicle merely on the basis of an affidavit. An affidavit does not protect you from all future legal liabilities or substitute for the statutory transfer of ownership. First, complete the applicable RTO formalities, obtain the NOC wherever required, execute a proper sale agreement, and ensure that the ownership transfer is duly initiated and documented. Do not hand over the vehicle, keys, or original documents until you have verified the buyer’s identity, received the full sale consideration, and secured proper legal documentation. If the buyer misuses the vehicle, fails to transfer ownership, or is involved in an accident or criminal activity, you may face serious legal complications, police inquiries, and unnecessary litigation. Do not rely on verbal promises or an affidavit alone. If the buyer insists on taking possession without proper safeguards, refuse to deliver the vehicle until the required formalities are completed.

Q: विवाह पंजीकरण निरस्त कराने के संबंध में

यदि विवाह हुआ नहीं और लड़की व परिवार ने मिलकर लड़के डराकर फर्जी दस्तावेजों के आधार पर 15 अप्रैल 2024 को The Uttarakhand Compulsory Registration of Marriage Act, 2010 के अंतर्गत विवाह पंजीकरण करा लिया है, जिसमें विवाह 20 फरवरी 2024 को दर्शाया पंजीकरण को निरस्त कराने की क्या कानूनी प्रक्रिया है? लड़की ने शपथपत्र में यह दिखाया कि उसकी कभी शादी नहीं हुई वह अविवाहित है, जबकि लड़की ने पूर्व में एक अन्य व्यक्ति से 15 लाख लेकर तलाक लिया था। तलाक संबंधी न्यायालय के आदेश की प्रमाणित प्रति भी है

Advocate Anushka Mathpal answered
यदि विवाह वास्तव में हुआ ही नहीं और फर्जी दस्तावेजों से पंजीकरण कराया गया है, तो संबंधित Registrar/District Registrar के समक्ष आपत्ति देकर रिकॉर्ड निरस्तीकरण की मांग करें तथा सक्षम न्यायालय में declaration/cancellation की कार्यवाही भी करें। तलाक की प्रमाणित प्रति संलग्न करें।

Q: Defamation case in a gold theft

So my girlfriend lives in a PG and there live two girls next door to her and all three of them are very good friends like my girlfriend stay in their room and they sometimes stay in my girlfriend’s room today what happened is my girlfriend was leaving for some movie so she entered those girls room to get her clothes back and both of the girls were not in their room at that time and when my girlfriend was watching the movie at the movie theatre she study got a call that some gold has been stole….

Advocate Anushka Mathpal answered
Merely entering the room to collect clothes does not prove theft. Preserve CCTV, PG records, chats, and movie/ticket evidence. If an FIR is lodged, consult a criminal lawyer immediately for appropriate legal protection.

Q: can a SDM transfer a property valued at Rs.45 crores under section 229

Can a SDM transfer a property in dispute under section 229B valued at Rs 45 crores if both the parties agree to it

Advocate Anushka Mathpal answered
If both parties have mutually agreed to transfer/settle the disputed property, they may enter into a legally valid compromise/settlement. However, an SDM cannot simply transfer ownership of a ₹45 crore property merely because both parties agree. The SDM’s power depends on the nature of the land and the jurisdiction under the applicable revenue law. Section 229-B proceedings are essentially for declaration of rights in land, not a general power to transfer property.If the settlement involves transfer of title, the parties should ensure the proper registered deed/compromise and necessary revenue/court orders are executed before treating the transfer as legally complete. For a ₹45 crore property, all title, stamp duty, registration and pending litigation issues should be carefully checked first.

Q: supreme court judgement Criminal Appeal No.1882 of 2024

All sections of IPC i.e.420,467,468,470,471 120-b & Sec 13(d) of PC ACT are based basically on the "Intent" of the accused of obtaining some pecuniary benefit in cash or kind which in case the prosecution fails to prove. Will it exonerate the accused person(s) of the corruption charges due to getting diluted? Will it erase the criminal intent to convert into a civil case decided by departmental enquiry in case of Public Servants?

Advocate Anushka Mathpal answered
No, not automatically. If the prosecution fails to prove the required criminal intention and other essential ingredients of the particular offence beyond reasonable doubt, the accused may get acquitted/discharged, depending on the stage of the case.However, departmental exoneration does not automatically end a criminal case, because both proceedings follow different standards of proof. A departmental finding may still be relevant, depending on the facts and evidence.Also, whether IPC or BNS/PC Act provisions apply depends on when the alleged offence occurred and the exact charges. A criminal case cannot simply be treated as a civil dispute merely because the alleged monetary benefit or loss is not ultimately proved.