Advocate Ritam Khare

Questions Answered by Advocate Ritam Khare

Q: What should i do if i received a trademark infringement notice

Hello Sir, I am Ankit from Surat, Gujarat. I have been working under the firm name Muskan Synthetics since 2002 in Surat. Suddenly on 19/7/2016, I received a notice from a firm regarding Infringement of trademark, since that another firm is registered as Muskan Fashion. Sir, my firm and the another one are both involved in textiles but we the quality and fabrics in which we deal is different and in no manner we compete with each other. Sir, I have been given the time of 10 days within which i have to reply. I need your advice regarding what to do, and how to proceed further. Thank You

Advocate Ritam Khare answered
You need to reply to the notice for which we need to know in detail as in how is your business different with the other company and who is the prior user. Also if there is any difference between both the marks.

Q: Mother bought property using my money how can I claim it

I am a NRI woman presently in India. While staying abroad I had sent around INR 80 lakh to my mother via Western Union for investing in properties. She bought 2-3 plots in her name. Now coming back to India, I have filed a case of cruelty against my abusive husband. My mother has got angry for bringing social disgrace to the family. She is pressurising me to withdraw the case, otherwise she will not transfer the properties in my name or return my money. Is there any legal recourse through which I can claim my wealth back from my mother ? She purchased properties from my money I sent. Renu.

Advocate Ritam Khare answered
If you can prove that the properties have been bought by your funds and not her own, you can seek your money back along with reasonable profits / interest as a charge over those properties and consequentially those properties can be transfered.

Q: Unauthorised possession of my land

We have a land in Delhi in my name. Someone is now challenging the ownership of the said property and is stating that the land was purchased in his name and he is the actual owner of the same. What should we do in this regard? Who can fight our case?

Advocate Ritam Khare answered
We need to further know the details of the dispute as well as the property. However, if allowed to answer broadly, You may need to file a civil suit against the said encroacher with respect to the said plot. In case you were in possession and you have been dispossessed illegally, you may also have remedied under criminal law, which are comparatively fast and effective. Final opinion can only be given after going through the documents thoroughly.

Q: Can i get back the loan amount i paid from other legal heirs.

We have four legal heirs and out of that I am only paying EMI to bank. so Shall I get my whole money back with interest from other legal heirs after result of case.

Advocate Ritam Khare answered
Yes, you are entitled for whatever amount you spend on a shared property over and above your share. You are liable to pay your part of expenses for / on the property and tje amount you genuinely pay over and above your part is recoverable. Though you may need to file a suit for the recovery of the same.

Q: Can I take any action against recovery agents for harassing

I have a credit card due of 400 rupee. bank recovery agents are harassing me by calling from different numbers and mentally harassing. can I take any action against the these recovery agents

Advocate Ritam Khare answered
harassing through phone and personally by the recovery agents has been found illegal by the Supreme Court in ICICI Judgement. You can lodge an FIR against the recovery agents as well as officials of the bank whom they are representing for criminal intimidation etc.