Advocate Prashant Agnihotri

Questions Answered by Advocate Prashant Agnihotri (25+ answers)

Q: Legal action against neighbours who are constantly creating problems

Sir, I am a 20-year-old girl studying medicine from a well-educated and disciplined family. We are currently living in a rented house. My parents and I have been facing constant problems from our neighbors. They are always trying to dominate us, create unnecessary fights, and behave very badly, especially with my parents. For the past 4 years, we have not even spoken to them, yet they continue to mentally harass us. There is no peace at home because of them—we can't even sleep properly due to their behavior.

As a girl, my parents ask me not to get involved in such matters, but it’s very painful and shameful to stand by and watch this happen. I want to help, and I want this to stop. These neighbors act as if they own the place, even though we are also tenants like them. Their torture is becoming unbearable.

• Can I file a complaint against the neighbour?
• Where should I go for help? Can I approach any NGO for support or file an online complaint against my neighbour or with the police?

Advocate Prashant Agnihotri answered
Since you are living in a rented house, one option is to shift to a better and more peaceful place, if that’s possible for your family. However, if you want to take legal action, you can file a complaint with the local police against your neighbours for their harassment.

If the police do not take proper action, you can then approach the court and file a complaint before the Magistrate under Section 156(3) of the Criminal Procedure Code (Section 175(3) of the Bharatiya Nagrik Suraksha Sanhita), asking for directions to register an FIR.

Also, try to record videos of their misbehaviour or harassment, as this will help you collect strong evidence to support your case.

Q: How can I quash an FIR filed under 498A? What are the grounds for quashing a 498A FIR, and is it pos

Dear Sir/Madam, My wife filed a complaint at the police station, resulting in an FIR registered under 498A/34/406. After one month, she called me and expressed her intention not to pursue the FIR she had filed against me. She provided a written statement to the police station, requesting no legal action be taken against me or my in-laws. Now, I have asked her to reconcile with me only after quashing the FIR. Please advise the best approach to quash the FIR. I prefer not to pursue any Memorandum of Understanding (MOU) or other compromise deed in the petition solely because of the case filed against me. Should I consider a joint petition without an MOU, or is there another recommended approach?

Advocate Prashant Agnihotri answered
FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help .FIR can be quashed by High court only. You need to approach High court, call for Help

Q: Can my children stop me from selling property that belongs to me

 I want to sale my own house. Agreement has done. Registration in Next month. If any of my sons or daughter in laws have right to hold the registration by putting any petitions in court related to that prop. It is purely my own property. no one has involved financially against this property. Is there any right to them to hold registration like that. Please suggest me can I put any petition in advance in court.

Advocate Prashant Agnihotri answered
Yes you can sale it, if title is on your name. Nobody can stop you.Yes you can sale it, if title is on your name. Nobody can stop you.Yes you can sale it, if title is on your name. Nobody can stop you.Yes you can sale it, if title is on your name. Nobody can stop you.Yes you can sale it, if title is on your name. Nobody can stop you.

Q: Can GST be charged on the earnest money and brokerage of a flat

i had booked a property with a builder in Haryana. i wish to cancel my investment. The builder has my money for over 4 years now. when i applied for cancellation of property he gave me a lis of deductions applicable which are earnest money+ 18 % GST on earnest money+brokerage paid + 18% GST on Brokerage paid. My question is can the builder charge me GST on the earnest money and brokerage paid. No builder buyer agreement has been signed by me with the builder yet. i have only signed the booking letter.

Advocate Prashant Agnihotri answered
You can file a complaint before RERA authority. You will get compensation from the Builder and also your money will be returned. You can file a complaint before RERA authority. You will get compensation from the Builder and also your money will be returned

Q: Can declaring bankrupt or insolvent save me from a cheque bounce case

If someone declare himself insolvent or bankcrupt in the check bouncing case.can he escape from punishment?

Advocate Prashant Agnihotri answered
No, this is Criminal case. You can't give these reasons .No, this is Criminal case. You can't give these reasonsNo, this is Criminal case. You can't give these reasonsNo, this is Criminal case. You can't give these reasonsNo, this is Criminal case. You can't give these reasons