Advocate Pankaj Bafna

Questions Answered by Advocate Pankaj Bafna

Q: What is the legality of obtaining an NOC from the builder in case the society has not yet formed?

Hello, I would like to know the reason for the requirement of an NOC from the builder if the society has not yet formed. What if we proceed without his NOC—will he cause any trouble at the time of society formation? Also, is builder NOC required for the sale of a flat, and what is CF NOC in relation to obtaining an NOC from the builder for a resale flat? Please note that the purchase transaction will be without a home loan.

Advocate Pankaj Bafna answered
You can go ahead without the NOC from the Builder and register the society. You have to intimate the builder via Letter and give him a particular time period to form the society and if he fails to respond, then you can form a Deemed Society.

Q: How long does it take to get a mobile phone taken as evidence back?

My mobile phone was taken into police custody on 7th Sep 2017 after keeping me in lockup for a night on the evening of 6th Sep. Today its 26th Oct and I still haven't got it back. It happened because a case was filed against me by my ex friends girlfriend for slandering her on Facebook.. I have never met the girl before. I only knew her boyfriend who was my friend until this happened. I did it because she sent me messages full of bad words on facebook and instagram. I produced the proof but the sub inspector gave me the excuse of her being a girl and coming to complaint first. I got a call on 24th Oct saying I have to come and pick up a letter for me from the ACP. When I went I was told to visit the ACP's office so I did. Once there a person in civil dress told me I would have to get a female as a guarantor for me who should be living near me and should not be related to me. I was told to also come every Thursday to the ACP's office for "hajiri". Please advise me here on what to do.

Advocate Pankaj Bafna answered
First apply for copy of FIR filed by the girl with the concerned police station who has to give you the same within 24 hours of the application and if they dont then apply before the concerned Judicial or magistrate court and get the same and hire a lawyer and apply for the custody of Mobile phone if the Panchnama of the mobile is not done and sent for forensics.

Q: Employee denying access to our domain name and email hosting

Our employee denying access to our domain name and email hosting.

Advocate Pankaj Bafna answered
Lodge a complaint against him for illegally holding the domain and not giving access to email hosting which belongs to you or your company. Employee has only rights of access till he is into employment

Q: Mother claiming deceased father's property after living separately

Hi, my father and mother are living separate (not divorced) for a long time. Still i did whatever i can for my father including supporting him when required, including in his last yearsmonths. After he passed away, his family is not giving us anything from his property. Do I have a claim over this property? what if he as made a will and given his property to others and not us? Can I or my mother legally file a claim on such property? FYI: a part of my father's property is inherited by grandfather

Advocate Pankaj Bafna answered
Yes you can claim as per Hindu Succession Act if you are coming under the Hindi Religion and normally also you and your mother can claim right in property and challenge the will if given to others not related.

Q: Remedy if ex girl friend charged boyfriend under criminal charges

My boyfriend cheated on me with his ex girlfriend.. Now his ex girlfriend do complaint against him that he cheated on her.. She apply some ipc section for cheating in love and she give some proof to police which are against to my boyfriend .. But i don't want that my boyfriend suffer from these.. I want to help him to get out from these problems.. What can i do.. Pls help me

Advocate Pankaj Bafna answered
If there is a FIR registered then tell your boy friend to take bail and try to settle the issue with his ex-girlfriend and ifcant then to face the trial and prove innocent. If your boy friend is really into false promises then you too also keepdistance from him and be alert.