Advocate Vivek Tanwar

Questions Answered by Advocate Vivek Tanwar (50+ answers)

Q: Mortgage Property In My Father

“सर, 2007 में मेरे पापा ने ₹16,000 लेकर अपने भाई के पास दुकान गिरवी रखी थी। एक लिखित कागज बना था कि 5 साल में पैसे वापस नहीं दिए तो दुकान उनकी हो जाएगी। लेकिन कोई रजिस्ट्री नहीं हुई। 2 गवाह अभी ज़िंदा हैं जो कहते हैं कि दुकान बेची नहीं गई थी, सिर्फ गिरवी रखी गई थी। क्या इस केस में दुकान वापस मिल सकती है और हमें क्या करना चाहिए?”

Advocate Vivek Tanwar answered
Sir apka cause of action 2012 se start hota h so aap apni shop 30 years tak recover kr sakte h . According to mortagage law shop ka possession aap court ke through le sakte h. As you said ki witnesses are alive so hum unki Evidence court me de sakte h . aapko aapki dukaan wapas mil skti haiapko suit for redemption ka dawa dalna chahiye kyuki unhone document registered nahi karwaya

Q: can simple page signed by parties be consider legal?

I made a deal with a party about my plot. For the same they came to my home, given 10000 in advance and we have written on a simple page that we have a deal in so and so price with this person and he has given 10000 advance amount. Now because of some personal reasons we have cancelled the deal. When i asked the party to return me that page so that i can return their amount back to them, they said they lost the page. If i return their amount can they misuse that page to file case against me?

Advocate Vivek Tanwar answered
Although the handwritten agreement acknowledging receipt of ₹10,000 as advance for your plot can potentially be misused by the buyer to falsely claim a valid sale deal, you can protect yourself by promptly refunding the amount via bank transfer or UPI and sending a written communication stating that the deal has been cancelled and no rights remain. This written proof of refund and cancellation will serve as strong evidence if any legal dispute arises. Without a registered sale agreement or substantial transaction, their case would be weak, but taking these preventive steps ensures your legal safety.

Q: Partition suit by daughter while father is alive

My father refuses to give proceeds from sale/govt acquisition of ancestral property (agricultural land in village Shikohpur) to his 5 daughters. All the money earned till date has been given to the 2 sons only. Can the daughters ask court for help/name in land records

Advocate Vivek Tanwar answered
Under the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in ancestral property, including any proceeds from its sale or government acquisition. If your father refuses to give you and your sisters a share and has given all the money to the sons, you can still legally claim your portion by sending a legal notice and filing a partition suit in civil court. The court can order division of the land or compensation amount, and you can also seek your name to be added in the land records through mutation after a court order. Your father's denial has no legal standing if the property is ancestral, and you’ll need supporting documents like revenue records, family tree, and sale/acquisition proof to pursue your claim.

Q: Wrong name in death certificate

My dad died. He was govt teacher. We applied for moms pension but his PPO doesn’t mention my mother’s name. Coz, during his retirement an objection was raised by the pension department about the age difference in mom and dad. He replied that he had a wife before her and she passed away in 94. Now they asking for her death certificate. But her certf. mentions her pet name not her official name. Need to get the 1994 death certificate corrected. I have her voter card with official name Who to cntct

Advocate Vivek Tanwar answered
Visit the Registrar of Births and Deaths (in the area where the death was registered in 1994 — Municipal Corporation/Panchayat Office).Submit:Original 1994 death certificate (with the wrong name).Voter ID or any document showing her official name.A notarized affidavit stating both names belong to the same person.Any other supporting proof (marriage certificate, ration card, etc.).File a written application for name correction under Section 15 of the Registration of Births and Deaths Act, 1969.Some offices may ask for a newspaper ad declaring the name correction.Pay the required fee and follow up regularly.Once corrected, submit the revised death certificate to the pension office to process your mother's pension.

Q: Power of Attorney in case of Name Change

My name in property registery is different from other IDs. To rectify this, an affidavit was prepared and the change was published in newspaper. Gazette Notification is under process. I have been told that power of attorney will be necessary here as there is a name change. My question is when the process for notifying name change in newspaper and gazette is being performed, why PoA is necessary or is it actually necessary or not.In case it is necessary, then PoA should mention which name?

Advocate Vivek Tanwar answered
No, a PoA is not inherently required merely because you are changing your name.However, it becomes procedurally necessary in specific circumstances, such as:Firstly, You are unable to appear or submit documents personally to the Gazette office or other authorities (e.g., you're abroad or physically unavailable).Secondly, The property registrar or any government authority is requiring a PoA for someone else to act on your behalf (like your advocate or family member submitting the Gazette documents).Thirdly, The Gazette office has specific regional practices or internal rules requiring PoA when an authorised person submits your documents. Bottom line: If you are personally filing and signing all the documents, then PoA is not legally mandatory.If someone else is acting on your behalf, then a PoA is required, and that’s likely why you’ve been told it is needed.