Advocate Nishant Solanki

Questions Answered by Advocate Nishant Solanki

Q: Builder Cancelled registration and gave cheques which bounced

I paid amount close to Rs 8.5Lacs to builder for flat booking in Noida in 2014. The builder was not keeping to his deadlines for construction or BBA. I asked for refund against cancellation. Builder gave cheques in Apr 17 with date of Jul 18. All cheques bounced. Filed a court case in Aug 17. The summon is not reaching them every time. Already 3 dates have been extended byTees Hazari Court. It says no addressee avlb at address. Court extending dates only. What to do?

Advocate Nishant Solanki answered
The details of the case filed by you are not disclosed !Im sure it would be a recovery case either ordinary or under order 37 in both cases remedy lies is different therefore please contact further for appropriate reply thanks!

Q: A dispute between the owner and the dealer over the property.

Few days back. My grandpa wanted to sell a piece of his land to the dealer to make the building / flat. The dealer finally came with the agreement paperwork, the family members didn't like to get agreed on few things like : parking, the 6th floor to be build (we don't know if it's even legal to proceed on 6th floor). Dealer wanted the whole parking and what not. We marked them, and tried to resolve with him, and asked him to make the new agreement without pen/pencil corrections. He said it'll work. And in the meantime he re corrected and dismissed our correction's and unknowingly of that. My grandpa signed on the agreement, now the question is either he wants the dealer to cancel the deal or resolve the issues, mentioned. But the dealer is neither agreeing on canceling the deal nor, resolving issues. He says the deal is now done. And you cannot do anything about it now... I would request you to let us know if this is really true? Can't we really cancel the deal? Kindly help.

Advocate Nishant Solanki answered
The deal can be cancelled you can seek the cancellation and declaration of the same through civil court !!Besides the same you can also file a criminal complaint against him !Therefore you can avail both remedies simuntaneously therefore please feel free to contact for further details thanks!

Q: Can a NOC from sister will work for Relinquishment deed

We are four brothers and one sister. I have property in my mother's name, she passed away, this property is in my part. Now I want to do a Relinquishment deed, and my sister can't come for the same, but she is agree to give any kind of NOC... Will it work

Advocate Nishant Solanki answered
The property is in your part by the way of some testamentary succession or an oral partition ??Nothing has been briefed by you !!Because in both cases remedy available to you is different as if it is by the way of some testament .i.e. will then you can probate the same ,if it is interstate succession then you can apply for mutation proceedings .Please fee free to contact for further clarification thanks!!

Q: Legal recourse in case of health issues caused by flour mill

Hi Sir/Maam, requesting your opinion... in front of my house, there is a flour mill, causing huge inconvenience, air pollution and noise pollution and disturbance. We have small kids, causes asthma because of flour coming out through exhaust fan. Please advise how can we get rid of this

Advocate Nishant Solanki answered
The only way out to get rid of it is go ahead and file a injunction suit along with damages seeking injunction on the same as a consequential relief.The damages for whatever inconvenience has been caused to you can also be claimed !!!Please contact for further details !

Q: Can i file divorce on basis of harassment

Sir/mam, Me and my wife got married 14 months before. At the start everything was fine but later, Whenever we argued on anything she started abusing my parents, and started hurting herself. Due to having a soft corner for her, I always stop her by doing so, no cares for the scratches she had given to my body. But how long I'll handle those abusing word. After all I am also a human being. Later on I started reacting on her actions by replying her abusing words and when she starting beating me in reflection my hand also got raised on her. I don't wanna lie here. She wanna do work. I had also given her that freedom for doing so, But she always hide the truth about her relations with her colleagues and all. Now she started demanding divorce. My financial conditions are not so good this time. But at the same time I wanna do the same for her peace as well as for mine. She always threaten me that she will keep my family behind the bars. I wanna get separated, pleased suggest me what to do

Advocate Nishant Solanki answered
The only remedy after understanding your situation is to get the divorce on the basis of cruelty !!The only remedy you are to be sufficed with ,Therefore you can go ahead and file same with family Courts rest the amount to compromise on can be decided later on .Please connect for further details thanks!!