Advocate Omkar Mahesh Tak

Questions Answered by Advocate Omkar Mahesh Tak (25+ answers)

Q: Railway ticket Booking fraud by travel agent

Recently i got cheated by a travel agent and he is not returning the money which i have paid for booking

Advocate Omkar Mahesh Tak answered
In cases of cheating by a travel agent and non-refund of booking amount, the first step is to issue a legal notice demanding refund of the amount within a stipulated time.If the travel agent denies the claim or fails to respond to the legal notice, appropriate legal action can be initiated, which includes: 1. Filing a criminal complaint at the concerned Police Station for offences such as cheating and criminal breach of trust under the Indian Penal Code. 2. Initiating proceedings before the appropriate court, including: • A criminal case for cheating, and/or • A consumer complaint before the Consumer Forum for deficiency in service and unfair trade practice, seeking refund and compensation.

Q: Sister harrassing her younger brother

What should I do I have already filed a cr ma complaint but it's taking time and long dates

Advocate Omkar Mahesh Tak answered
It is submitted that no specific relief has been disclosed. The only information provided is that a criminal matter has been filed before the competent Court. In the absence of details regarding the relief sought and particulars of the proceedings, it is not possible to suggest an appropriate legal remedy or alternative relief. The concerned party is therefore requested to clearly specify the relief prayed for, along with relevant details, to enable proper legal advice in accordance with law.

Q: Want to claim Adverse Possession

We are 4 tenants in an unapproved structure made in a building compound & paid the builder. But now we got to knew that our structure is not coming in builder’s CTS boundary & it was built on a neighbouring plot. We are here from more than 25 years & no one has claimed the plot. Can we claim Adverse Possession from the actual owner & get conveyance. Also is it possible to form a society of 4 members & obtain deemed conveyance. In documents we have light bill only as there is no society formed

Advocate Omkar Mahesh Tak answered
Hi SirFrom the details shared, you and three other tenants have been in possession of a structure for more than 25 years. The difficulty here is that the construction is not within the builder’s CTS boundary but is standing on the neighbouring plot, making it technically unauthorized.Legally, a claim of adverse possession is possible if a person remains in open, continuous, and hostile possession against the real owner for more than 12 years. Since you have been there for 25 years, the time condition is satisfied. But please note, only electricity bills may not be enough. Courts usually expect stronger proof like property tax, water bills, or municipal records to show ownership-like possession.Regarding deemed conveyance and society formation, unfortunately, these are not available in your case. Deemed conveyance applies only when a builder has ownership of the land and fails to transfer it to the society. Since this land is outside his CTS boundary, he has no right to convey it. Without clear title, a society cannot be registered.The practical step will be: (1) check who is the true owner through a title search, (2) try to negotiate with the owner, and (3) if not possible, file for declaration of ownership by adverse possession.

Q: Suspicious death. Filing objection/FIR.

Our daughter died in Jan 2025 in Suspicious condition and incidence reported by 3rd person to police and they hv registered it as sucide case by jumping from 5th floor. However, Circumstancial evidences point it to be a suspected murder case. Police are in investigating. We, parents, hv not filed any seperate FIR/ objections due to certain unusual situation. What is time limit to file FIR/ objections. Can it be done any time in future as it's a very serious matter?

Advocate Omkar Mahesh Tak answered
I am deeply sorry for your loss. Please note that I am sharing general legal information and not a substitute for advice from your engaged advocate.In your situation, since the police have already registered a case treating it as suicide, you as parents still have the right to raise objections if you believe circumstantial evidence points to murder. Under Section 154 CrPC, there is no strict limitation period for lodging an FIR in cognizable offences like murder (IPC Section 302) or abetment to suicide (IPC Section 306). Such offences are serious in nature and the law does not prevent filing of information at any later stage, though it is always advisable to do it as early as possible to ensure timely and fair investigation.If you feel dissatisfied with the ongoing police investigation, you can:File a written complaint with the Superintendent of Police (u/s 154(3) CrPC).Approach the Magistrate under Section 156(3) CrPC to direct registration of a fresh FIR or reinvestigation.File objections or request reclassification of the case during the investigation or trial stage.

Q: Marriage registration certificate

We married on 29th June 2020 in gurgaon,haryana, could not register our marriage due to covid issues. Please let us know how we can register our marriage here.

Advocate Omkar Mahesh Tak answered
As your advocate, I understand your concern regarding the non-registration of your marriage solemnized on 29th June 2020 in Gurgaon, Haryana, especially since COVID restrictions prevented timely registration. Please be assured that your marriage remains valid in law if it was performed with proper ceremonies under the Hindu Marriage Act, 1955 or any other applicable personal law. Registration is, however, important as it serves as legal proof of marriage for all future purposes, such as visa, property, or family-related matters.To register, you may approach the office of the Marriage Registrar in Gurgaon, carrying documents such as proof of age, address, photographs, wedding card, and witness affidavits. Since the marriage occurred more than 30 days ago, you can still apply, but it may be treated as delayed registration, for which a prescribed late fee and affidavit will be required. I recommend initiating the process soon for your legal security.