Advocate Kiran Ashok Gangurde

Questions Answered by Advocate Kiran Ashok Gangurde

Q: Recovery of money taken fraudulently with promise of flat

One person took 15L from me in 2013 promising a flat. All transactions are done through bank. They didn't give any legal documents regarding flat. Later in 2017 they run away. I filed a FIR in 2022 after lot of trouble and now one of them arrested & now out on bail, remaining two applied for anticipatory bail but not yet granted.They are paying back the 15L but saying that money was taken as loan not for flatIf I take this money, will be the case closed? I want full compensation with interest

Advocate Kiran Ashok Gangurde answered
From the facts given, the accused are now offering to repay ₹15 lakh but are claiming it was a loan, not a flat booking. If you accept only the principal without recording the true nature of the transaction or without claiming interest/compensation, it may weaken your criminal case and could be treated as settlement, leading to closure or compounding depending on the charges.Since all transactions were through bank and you have evidence of the purpose (flat booking), you can insist in writing that the payment is towards settlement of the flat transaction fraud, and demand full principal plus reasonable interest and costs. Under law, you may be entitled to interest for the period your money was withheld, along with any other damages.If you wish to continue the criminal case for full recovery and interest, do not sign any compromise or receipt that suggests the matter is settled in full. You may accept part-payment under protest while continuing the case.Recommendation: Negotiate a written settlement agreement mentioning purpose, amount, interest, and timeline. Without such terms, taking the ₹15 lakh may close the matter in practice and limit your claim for further compensation.

Q: Builder took 10percent for flat booking but not start constrctin work

In bhiwandi area, i paid 3.5lakh for booking flat under construction. After 1 year now came to know that builder not progress work. Other investors in same building file case against builder in rera but no effect. All investors now bring new builder to continue construction. Is it safe and should I continue or can i get refund of my booking amount money from new builder? thank you

Advocate Kiran Ashok Gangurde answered
Based on your facts, the situation requires careful consideration before you proceed.If the original builder has defaulted and the project is stalled, RERA allows you to either (a) withdraw and seek a refund with interest from the original builder, or (b) consent to continuation of the project under a new developer. The new builder is not automatically liable to refund your booking amount unless there is a formal agreement/assignment transferring liability from the old builder.The change of builder is officially approved by RERA/competent authority.A fresh agreement is signed with the new builder mentioning your existing payment, your flat allotment, and completion timelines.The old builder’s liabilities, including your ₹3.5 lakh, are acknowledged in writing by the new builder or adjusted in the new agreement.If you seek a refund, your claim lies against the original builder under RERA, consumer court, or civil recovery proceedings. Without a written undertaking, paying further to the new builder is risky.Recommendation: Do not proceed until legal documents secure your rights and past payments. A legal notice to both old and new builders is advisable before deciding.

Q: Bank account frozen by police, can i open new account?

My bank account was frozen by police from telangana while im in maharashtra. Police says one person i sold something to was a fraudster and the money he paid me is stolen money. There is sufficient money in my account for recovery by police, can i now open a new bank account and use that for my day to day activity or will police freeze the new account too?

Advocate Kiran Ashok Gangurde answered
As per your query, the freezing of your bank account by the Telangana Police is under the powers given to investigating agencies under Section 102 of the Code of Criminal Procedure (CrPC), where any property suspected to be linked with a crime can be seized/frozen.You are legally entitled to open a new bank account in another bank for your day-to-day transactions, as there is no blanket prohibition on you operating other accounts unless the police specifically direct otherwise through court orders. However, practically, if the investigating officer suspects that the new account is being used to divert or conceal funds related to the same investigation, they may also freeze that account.It is advisable to:Immediately file an application before the concerned Magistrate seeking de-freezing of your existing account or permission to operate it for personal/essential needs.Maintain transparency and avoid transferring any disputed funds to the new account.Keep all records of transactions for your defence.Opening a new account is not illegal, but exercise caution to avoid further complications in the investigation.

Q: Defamation Case against ex husband for insulting me after divorce

My ex-husband has written a mail to my in-laws and extended family members, accusing me that the child I have from my current husband was conceived before wedlock. Therefore, he is not sure of her lineage. Is this defamation and a crime against women under any section of the Indian law? Can I sue him under any section? Further, it is factually correct that the child was conceived before wedlock, but does that give him the right to write an insinuating email to my family members, insulting me?

Advocate Kiran Ashok Gangurde answered
In your case, the issue involves both defamation and potential offences under laws protecting women’s dignity.Under Section 499 IPC, defamation occurs when someone makes or publishes an imputation concerning a person intending to harm, or knowing it will harm, that person’s reputation. Even if a statement is factually correct, the law requires it to be made in good faith and for a lawful purpose. Writing to your in-laws and extended family in a manner intended to insult and malign you can still amount to defamation. Punishment for criminal defamation is prescribed under Section 500 IPC.Additionally, the language and insinuations in the email may attract Section 509 IPC (word, gesture, or act intended to insult the modesty of a woman). If the communication was made through electronic means, Section 66A or 67 of the IT Act (depending on the nature of content) could be examined.You may file:A criminal complaint for defamation and insult to modesty.A civil defamation suit seeking monetary damages.Even if the fact of pre-wedlock conception is true, he had no legal right to publicise it in a derogatory manner, especially with the intent to humiliate you.

Q: Need assistance for child Custody

Me my self Ashwini I had an extra marital affair which I was informed my husband and after that lots of issue had happen now my husband is not allowing me to see my son ... He is telling that no need to come and see him as you went leaving him and all and choosed someone else upon me.

Advocate Kiran Ashok Gangurde answered
Ashwini, under Indian law, both parents have rights and duties towards their minor child, regardless of personal disputes. The Guardians and Wards Act, 1890 and personal laws governing your marriage (Hindu, Muslim, Christian, etc.) recognise that the child’s welfare is the paramount consideration in custody and visitation matters.Even if you had an extra-marital affair, that alone does not automatically take away your right to meet or maintain a relationship with your child, unless a competent court has specifically restricted it in the child’s best interest. Your husband cannot unilaterally deny you access.You may file a petition for custody or visitation rights before the appropriate family court. The court can pass orders granting you regular visitation or shared custody, depending on the circumstances. Interim relief can also be sought for immediate access to your son while the case is pending.In short, personal mistakes do not erase your legal rights as a mother. Only the court—not your spouse—can decide on limiting your access to your child, and that too solely on grounds related to the child’s welfare.