Advocate Vishal Talwar

Questions Answered by Advocate Vishal Talwar

Q: Rules of transfer of property from joint ownership to single ownership

Hi, I own a flat in Mathura which is registered in my and my brother's name. I am the 1st applicant and my brother is the 2nd applicant. my brother wants to transfer their share of property to me. How can he do this ? Will gift deed or deed of relinquish be sufficient or any other modality. Further will it involve stamp duty fee?

Advocate Vishal Talwar answered
Your brother have to execute gift deed in your favour through a gift deed has to be stamped and registered, Since transfer is being made in favour of brother you will have to pay 2% stamp duty on market value of property. further you have to pay 1 per cent of market value or maximum Rs 30,000 as registration charges whichever is less, this is the only way by which this transfer can be made .

Q: Does daughter-in-law have the right to stay when son is ready to move

I have given my house to my son to live with his family. Now I want to take my house back from my son and asked him to vacate the house and he is ready to vacate but his wife is not vacating. She is saying that where she will go with her two adult son. She is having govt job. House is still on my name and I have not taken any rent from my son. What can I do? Does she have any right to stay in that house forcefully when my son is ready to vacate and ready to go for rental house somewhere else of his choice?

Advocate Vishal Talwar answered
You have full authority to get your house vacated if you have not made the house in your son name.Not your son mithila wife have the power to residential in the house owner by you.Take help of local authorities in this regard

Q: What legal step can be taken against filing of false FIR

Two years ago my cousin robbed our home and were subject to imprisonment but got bail after 3 months and now they filed a case in human rights against us with mlafied intention that we accused them with abusive language and fought with them though whole suit was fake and false and was with the purpose of taking revenge. Can anyone please guide me in the lights of law and provisions?

Advocate Vishal Talwar answered
You just collect the papers regarding the FIR and petition filed for bail and also the bail order. Make it clear that all the papers are certified. Then only through a proper representation you can approach to. Human rights with your arguments

Q: Will the owner of car be held responsible for driver death in accident

if a person (driver) who has no license and is under 19 dies in a bike accident , will the owner be sued or accused? if yes, what are the procedures and what shall happen? will the owner be able to get safe?? if yes, how?

Advocate Vishal Talwar answered
No the owner cant be held responsible for the act made by his driver which is clear but if the driver is minor then only responsibility will be of the owner.You can approach to high court in this regard to get relief in the said case

Q: Legal process to file case a against illegal mining in personal land

The Indian railway gave the contract to some contractor to pour the mud near the railway line. So a contractor started mining illegally in my land through JCB machine. To complaint for the same I approached the district magistrate (DM) and gave him a legal notice by mentioning all the activities of illegal mining but the DM was silent on the matter. After that I sent the RTI to the DM and Mining officer for the same. In the RTI, the officer mentioned that the mining is illegal so now I want to know how can I get the compensation in this matter. The land is in the district Etawah, U.P.

Advocate Vishal Talwar answered
First get an FIR lodged in concerned police station against the alleged contractor and guilty government official involved in this criminal activity. On the basis of the RTI reply that will be the best option.