Advocate Tanishq Panwar

Questions Answered by Advocate Tanishq Panwar

Q: Women rights in property when father has biased treatment for son

My father and mother have biased nature between 3 daughter and 1 son. They followed traditional way giving birth to sons only, wasn't satisfied with daughters, always wanted son. Knowing the fact they never wanted a girl child, it would be obvious that they will Not think to give financial support to daughter as they are supporting son, So, it's obvious that my father will write will for only son. Then do I have any right in my father's self acquired and ancestral properties? If not, why are we saying don't kil girl child and beti padai when we never have similar feelings and love for daughters as people have for their son. My mother gives me all examples of different families who are only giving everything to their sons.

Advocate Tanishq Panwar answered
you can take your share in the ancestral property your father cannot bequeath it to your brother. by whatever way he tries he cannot do it, if you challenge the same. you can claim your share during his lifetime as well, you have a equal share in the ancestral property.

Q: Our neighbors want take possession in our ligal property

Am living in Delhi at fourth floor building, we r owner to upper ground and first floor and one shop on stilt we sold before second and third floor and one floor each one bike parking on stilt and no more parking other vehicle , but third floor owner want to take possession on stilt area and he always threats my senior citizen parents... And he mentally harressment them regularly he abused and torture them my parents is old he feels so helpless our neighbors also an advocate so pls tell me what to do in this case

Advocate Tanishq Panwar answered
We need to check your property papers, how have you sold it to other person. Accordingly we can tell you how you can take injunction that is stopping him from taking possession from you illegally and action can be taken against him

Q: RESIGNATION AFTER REINSTATEMENT

My question is :After reinstatement back in to the services one can not be relived without taking fresh resignation and resignation and offer to resign or letter seeking permission to resign if any and that was submitting during his compulsory retirement period and before rejoining duties on reinstatement are null and void. Such letters submitted before reinstatement can not be grounds of his reliving after reinmstatement

Advocate Tanishq Panwar answered
yes, it is correct. But to be sure we will have to look into all the papers and the communication you had with your employers only then we can tell you. looking at your factual description it is correct

Q: Notice for vacating Shop In lock in period

Hello. I had taken a shop on lease in December 2019 for 3 yrs with lock-in period of 12 months. Deed was registered. During this Covid situation, it was decided that rent will be waived for April and May 2020 and rent will be reduced to 50% starting from June till Sep 2020 post that it will be reviewed. All this is verbal. My query here is - can I give a notice to vacate the shop in the first week of October as lock in period is for 2 months and that will expire on Nov 30, 2020. Also pls do let me know if the security deposit will be refunded in full (equals to 2 months rent) when I vacate the shop or there are any any complications regarding same. Pls guide

Advocate Tanishq Panwar answered
Yes, you can give him a notice to vacate. but since your rent waiver agreement was an oral agreement, landlord may give you a notice and deduct the balance rent from your deposit. For exact advice you will have to show the rent agree ment only then, I can clearly whether there can arise any other complication or not.

Q: Buy property higher than circle rate

As I understand I can buy a property higher than circle rate and need to pay more stamp duty but as a buyer do I need to pay extra tax and would I face any issue when I sale property in future? In future do I have to sale at same price I bought or if I sale at lower price would that be considered as loss on property?

Advocate Tanishq Panwar answered
yes, it will be considered as a capital loss. capital gain and capital loss is a separate thing but you can get your property registered at circle rate or at the rate which is higher than the corcle rate.