Advocate Ramaditya Tiwari

Questions Answered by Advocate Ramaditya Tiwari

Q: How to add car parking in flat agreement and in sale deed ?

Hi, I am planning to buy a builder floor in a building where there are total 8 units(2 units on 4 floors). Builder is telling that he will provide 1 car parking rights in stilt parking area to all the units owner. The total area of stilt floor available for parking is approx 900 sq ft (15*60) excluding staircase area and lift. My doubt is considering the size of the available parking space, it will be difficult to park 8 cars. If all the owners buys car which are able to fit in 6ft*15ft, then everyone will be able to park properly. In the above situation, in context of sale deed what clause should be added in it to ensure all the owners comply to 6ft*15ft car allotment dimension. Is such a clause valid in sale deed, if anyone challenges it in future. Just to add as this is a builder floor, there is no possibility of RWA, society to resolve this issue in future in case of conflict. what is the supreme court judgement on car parking in flats ?, Please help.

Advocate Ramaditya Tiwari answered
In your case ask to add a clause that: "The parking as per the sale deed of the property includes a rightful possession and utilisation for the owner of the deed without any further improvent with all rights to use and accessibility reserved with 'your name'. The area defined and demarcated as property 'ask the builder to mark out the area with atleast white colour and number eeach of the parking area and one which you are getting, to be mentioned with location detail as per peoperty' will be transferred herewith as parking allotment to 'your name'. The clause can be made better if details of property and related agreement papers are provided for consultation.

Q: Does CW count in PW in Murder Case ?

difference between cw and pw in court , Does CW count in PW in Murder Case.

Advocate Ramaditya Tiwari answered
Court witness is a witness which the court has summoned for clarity/knowledge/receiving of certain documents or facts. The Judge uses the deposition of the CW for the consideration accordingly. The CW is counted as a witness only neither prosecution nor defence can assume him/her to be their witness.

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 Ramaditya Tiwari answered
See the purchase deed doesnot depend only on the circle rate. Most fundamental issues are that the contract must be valid and all the essentials must be followed. If some person wants to sell a property at X rate and if the buyer without any undue influence is willing to pay the consideration then its valid sell.

Q: How to withdraw criminal case from court ?

How to withdraw case from court ? What is the procedure to withdraw a criminal complaint?

Advocate Ramaditya Tiwari answered
See not every criminal complaint can be withdrawn once registered.The offence which are compoundable can only be withdrawn else if the complaint provides for an information of a cognizable offence not compoundable then, you would be required to approach the Hon'ble High Court for the quashing of the same if, any FIR has been registered.In grave and heinous crimes such as murder, rape, corruption cases etc. generally FIR/ complaint are not quashed. So, you need to provide the details of the nature of offences alleged and the case status.

Q: What is security cheque ?, how to prove that cheque was given as security

A person takes a loan of Rs. 5 lakhs and as a security he gives a cheque for Rs. 5 lakh. Subsequently he fails to repay the loan and the cheque is deposited and bounced. He claims that the cheque was a security cheque, hence as per Apex Court decision, there was no discharge of liability. what is security cheque ? What are the decision on this. Thanks in Advance.

Advocate Ramaditya Tiwari answered
In your case you need to file for specific performance and repayment of the loan. And should also make aware of the only recourse left for getting the money back through cheque as the person was not paying, the said cheque also bounced. Consult for proper recourse.