Advocate Vivek Tanwar

Questions Answered by Advocate Vivek Tanwar

Q: Partial Fir quashed by High court 2 months ago

2 accused. FIR has been quashed against one accused. Local PS(police station) is not removing name from diary asking for form 12 from PS where fir was registered. PS where fir was registered is saying we only give form 12 (parcha 12) once the whole case is closed. What is the right course of action.

Advocate Vivek Tanwar answered
as the FIR is quashed with respect to you and Your name has already been ordered to be dropped from the FIR and as far as diary is concerned, it doesn't have any evidentiary value in the court. You don't have to worry about your name in the diary.

Q: Regarding Roof Rights in Builder Floor Flats in Ardee City Gurgaon...

We are living in Ardee city Gurgaon, on 1st Floor. Roof rights are with top floor owner. I have some questions regarding that:1. Is he allowed to install a gate on staircase leading to his flat and rooftop?2. Can he deny us installing another/replace to bigger water tank on the roof or on Mumty area?3. Can we install a parking shed in our parking area for our cars only?4. Can we also install a gate on our staircase?

Advocate Vivek Tanwar answered
There are many various factors which decide whether alteration can be made in the infrastructure depending upon the clearance given by the concerned authority. secondly the Builder buyer agreement (BBA) provides your rights pertaining to the carrying out alteration . thirdly the building are under the control of RWA.

Q: Rusty and issue in Car purchased recently.

I bought tata nexon last week from gurgaon. Car dikki totally rusty and even stephony. I communicated to dealer for REplacemeent of car or Compensation. Car dealer is ready to repair but not interested for replacement and compensation. what i can do, and how can take legal support.

Advocate Vivek Tanwar answered
you can send a legal notice to the car dealer through your lawyer and wait for the specified period and then after if there is still no resolution of your complaint then you can file a complaint under the consumer protection Act 2019 before the consumer forum.

Q: Procedure to follow for actual possession of land

I filed a suit for possession and permanent injunction. I have decree in my favour. On execution, registry and mutation are done.So, for actual possession of my land which is vacant and free from any encroachment what I need to do? Should I go and take the possession myself ?Or Do I need to inform the court that my land I vacant and I am taking possession ? or Is there any other court process I need to do?Please help.

Advocate Vivek Tanwar answered
the land is yours now by all means. you already have the legal possession and can take physical/actual possession on your own without any hesitation. however, in case the judgment debtor tries to resist, you may approach the local authorities.

Q: my father is torturing me not giving freedom

how can i get my freedom iam 22 years old deepika . want to complaint about my father

Advocate Vivek Tanwar answered
Being a major in age you are entitled to live at your own. You do not need any guardian as in case of a minor. However, parents never think Mala fide about their children the best way to come out the situation is to sit and talk with your parents any type of legal action, though available, would only create rifts in relationship with your parents.