Advocate Ramaditya Tiwari

Questions Answered by Advocate Ramaditya Tiwari

Q: Indian girl married pakistani man and stays in UAE want to visit India

can a pakistani muslim guy married to indian girl in dubai can visit india?they both work in UAE.Both are muslim, girl is indian and boy is pakistani.

Advocate Ramaditya Tiwari answered
In your present situation, the husband can apply a visa and fill the bonafide reason for a visit. As he is Pakistani, the External Ministry would surely take care of the appropriate procedure keeping in view the territorial safety amd other important do's and don't in such visa applications.

Q: Procedure to institute a counter case on FIR fled by girlfriend.

I want to know that False FIR is registred on me and she is gf since 3 years.. How can i do counter case on the girlfriend?? What is the proccess??

Advocate Ramaditya Tiwari answered
Need to know the details of the FIR. As i have cases in which the FIR is either on rape or molestation. You have to also decide if you need to move for an anticipatory bail or other legal recourses.Contact as per your convenience.

Q: Case under section 448/452 IPC

if a case registered U/s-448 IPC or 452 IPC, whether the victim be restored by police or otherwise

Advocate Ramaditya Tiwari answered
See either under section 448 or 452 IPC the victim does not get dislocated from his/her property. So, you need to elaborate on the 'restoring' you seek. Police makes a panchnama and the property is available for the victim to use after it.

Q: Parking issue what to do

Religion Hindu A builder constructed Upper G.F along with Stilt and FF,SF and T.F with Terrace in Delhi in 2010. At that time the parking for First Floor was not distributed and nor is it mentioned in the Sale DEED OF FIRST FLOOR and the owner of the FF was getting Stilt Parking on goodwill basis from the owner of STILT+G.F. In 2017, the owner of G.F denies parking to the First Floor Owner. The deed of the Second Floor does not mention any parking rights. Whereas, The Sale DEED of the First Floor mentions " common rights and privileges in staircases,entrances,driveway" but does not specifically mention about driveway. Q1. Can stilt now be divided which was earlier not allowed and be used by the First Floor Owner ? Q2. Are New/Latest Bye-Laws of MCD applicable and stilt can now be used after dividing it ? Q3. Can I send a letter to MCD for the same. Also, the stilt is being used by an architect

Advocate Ramaditya Tiwari answered
Yes the stilt can be used as can be derived from the Sale Deed of the First Floor from where you have quoted. You should firstly move an application before MCD as you have rightly made a query on the same as it would make your case better.For a proper guidance please provide details.

Q: can personal property of brother be claimed if it is HUF

if in case of a Hindu family, an instrument of family settlement purports to assign immovable property, it must be mandatorily registered or the deed would be invalid and stamp duty is applicable on such deeds. If the said instrument provides for the execution of gift deeds or release deed[s] at a subsequent date, will it be obligatory to pay for the stamp duty once again? Also is it possible to settle self acquired properties of an individual by way of a ‘family settlement’ with his brother where there never existed any HUF amongst them?

Advocate Ramaditya Tiwari answered
See if a property is gifted then the registration of the gift deed would be a new act been done on the said property so, it is always advisable to get is registered.On your query of the self acquired property of brother- your right may arise if certain acts like investment in his education, marriage, upbringing accrues or any obligation in fact can make a case for you.Need to know the details of the matter to advice aptly.