Advocate Amit Ghodke

Questions Answered by Advocate Amit Ghodke

Q: Agreed Payment Plan at time of Booking

We have booked a flat in Bangalore for total cost of 1.6 cr with a agreed payment plan.But at time of getting into sale agreement the Builder denied the payment plan and said we need to pay as per payment schedule.I have a written email on the agreed payment plan.Can we take action against builder

Advocate Amit Ghodke answered
Dear client, Yes absolutely, you may also wish to proceed and seek cancellation and refund on these grounds.However, more details are required to provide conclusive advice.Please do let me know if you need further clarifications.

Q: lease legality after ownership change

I took a house for 5 lakhs and the owner of that time with whom i have made agreement for 2 years has sold the property to another person. Now the owner who brought this property is forcing me to vacate within less than an year. Wanted to know do i still have the rights to stay in that house. What legal actions i can take against the new owner if he forces me to vacate.

Advocate Amit Ghodke answered
The owner cannot force you to vacate even after the expiry of the lease period. If you do not vacate wilfully, the owner has to get a court order to vacate you. You also have legal remedies available for the harassment being done , please get in touch for further information.

Q: My neighbour borrowed money in cash and not ready and not returning it

She doesn't have any property on her name but she has given cheque. Her husband is a ksrtc bus driver. How can we recover the money ??

Advocate Amit Ghodke answered
Hello, you have a classic chequer dishonor case. Now, you have to issue a legal notice within 30 days from the date or dishonour of the cheque. Failing which, your options to recover the money are limited.Please get in touch for further information.

Q: Not refunded money after 45 days

I gave 14 lakhs to builder by online. I withdraw my opinion to buy a flat due to builder conditions. The builder gave three cheques for 14 lakhs but he is not willing to deposit the cheque and he is giving warnings. What should I do?

Advocate Amit Ghodke answered
Hello,your issue is a common dispute between builders and flat purchasers. You have multiple legal remedies available to recover the same along with compensation and interest. Please get in touch to understand your options available in detail.

Q: We Are Plantiff In The Case . We Have Won The Case????

Judge order- Consequently, defendant or her agents or anybody who claiming through her are hereby permanently restrained from interference over possession and enjoyment of plaintiffs’ suit schedule property.

Advocate Amit Ghodke answered
Dear Sir / Ma'am,As per the order the Defendants are restricted from interfering in your possession. If you have filed a bare injunction suit praying for the same, then yes you have won the case. However, since I do not have the entire background of the case.I'll take the liberty to assume that there is a dispute over the title of the property? In which case, if the title of the property has not been decided by the court, then the defendants are at Liberty to file a suit for Declaration.