Advocate Udit Garg

Questions Answered by Advocate Udit Garg

Q: State Commission not taking any action on IA of Interim Relief

Filed case along with IA for interim relief (IR) in Dec 2025 for possession as Builder is demanding more money for possession. IR is to maintain status quo on property. In 4 dates in SC, reply, rejoinder filed in main case. But state Commission is not taking any action on IR. I am even willing to deposit money in court - should I file another IA for this? What remedy do I have - after filing Early Hearing court gave me Jan 27 date but no IR. I want possession or atleast status quo now

Advocate Udit Garg answered
Dear Sir/Madam,In your situation, I would suggest a more strategic legal approach rather than filing another identical IA, which may further delay the proceedings.First, move an Urgent Application for Early Hearing and Disposal of the Pending Interim Relief Application, highlighting that despite repeated hearings, the State Commission has not passed any order. Specifically request interim protection against the builder creating third-party rights, changing the property's nature, or taking any coercive steps.Second, file an additional affidavit placing on record the builder's fresh demand for possession charges and your willingness to deposit any legally justified amount, strictly without prejudice to your rights. Do not deposit money unilaterally unless permitted or directed by the Commission.Third, seek an alternative interim direction requiring the builder to offer possession subject to lawful dues and contractual obligations.Most importantly, if the Commission continues to remain inactive despite repeated requests, we can examine approaching the jurisdictional High Court under Article 226/227 of the Constitution for appropriate directions to decide the pending IA expeditiously.My recommendation is to first create a proper judicial record of the Commission's inaction and urgency. This will strengthen your case for obtaining immediate protection and ultimately securing possession.

Q: My exboyfriend want relationship with me without my consent

Agar me apne ex boyfriend ke khilaf ye complaint krti hu ki vo jabardasti mujhe relationship me rehne ke liye majboor kr rha h or bar bar call krke yha tak ki dusre dusre number se call krke meri mental health khrab karra h or mna krne ke bad vo dhamki bhi dera hai ki hamari photos meri family ko dikha dega to agar ye sab complaint me kru uske khilaf or saboot k tor par call recording or msg dikhau to usko kitne saal ki jail hogi or ky saja milegi

Advocate Udit Garg answered
Legal Advice by Advocate Udit Garg1. Legal Position:If your ex-boyfriend is repeatedly calling you, pressuring you to remain in a relationship against your wishes, harassing you through different mobile numbers and threatening to show your photographs to your family, you can take legal action against him. His conduct may attract provisions relating to criminal intimidation, stalking and harassment under the Bharatiya Nyaya Sanhita (BNS), 2023. If he threatens to circulate private photographs online, relevant provisions of the IT Act may also apply.2. Evidence Required:Preserve all call recordings, WhatsApp chats, threatening messages, screenshots, call logs and details of alternative numbers. Do not delete or edit any evidence.3. Legal Remedy:You can file a written complaint before the local police station or Women Police Station. You may also approach the SP if the police fail to take appropriate action. For threats involving online circulation of photographs, a cybercrime complaint can also be filed.4. Punishment and Relief:Depending on the offences established, he may face imprisonment and/or a fine. The exact punishment depends on the applicable provisions and evidence. You can also seek appropriate protection.My Advice: Do not withdraw your complaint under pressure. Your safety and dignity are legally protected.

Q: My exboyfriend want relationship with me without my consent

Agar me apne ex boyfriend ke khilaf ye complaint krti hu ki vo jabardasti mujhe relationship me rehne ke liye majboor kr rha h or bar bar call krke yha tak ki dusre dusre number se call krke meri mental health khrab karra h or mna krne ke bad vo dhamki bhi dera hai ki hamari photos meri family ko dikha dega to agar ye sab complaint me kru uske khilaf or saboot k tor par call recording or msg dikhau to usko kitne saal ki jail hogi or ky saja milegi

Advocate Udit Garg answered
Legal Advice by Advocate Udit Garg1. Legal Position:If your ex-boyfriend is repeatedly calling you, pressuring you to remain in a relationship against your wishes, harassing you through different mobile numbers and threatening to show your photographs to your family, you can take legal action against him. His conduct may attract provisions relating to criminal intimidation, stalking and harassment under the Bharatiya Nyaya Sanhita (BNS), 2023. If he threatens to circulate private photographs online, relevant provisions of the IT Act may also apply.2. Evidence Required:Preserve all call recordings, WhatsApp chats, threatening messages, screenshots, call logs and details of alternative numbers. Do not delete or edit any evidence.3. Legal Remedy:You can file a written complaint before the local police station or Women Police Station. You may also approach the SP if the police fail to take appropriate action. For threats involving online circulation of photographs, a cybercrime complaint can also be filed.4. Punishment and Relief:Depending on the offences established, he may face imprisonment and/or a fine. The exact punishment depends on the applicable provisions and evidence. You can also seek appropriate protection.My Advice: Do not withdraw your complaint under pressure. Your safety and dignity are legally protected.

Q: Advice required for property matter

My father in law has two flats. 1st bought by his father but no will done. 2nd bought in his wife's name(now deceased) He gave second flat to his elder daughter and took affidavit on Rs 10 stamp paper from her that she will not have any share in the first flat. Now he is making a will to name the first flat to my wife but elder daughter now wants share in that flat also saying that it is in name of my father in law's father and hence he cannot give it legally. How to avoid this dispute later on

Advocate Udit Garg answered
Legal Advice by Advocate Udit GargTo avoid future disputes, the first step is to establish the ownership and title of both properties. Regarding the first flat, since it was purchased in the name of your father-in-law’s father, we must examine the original sale deed and succession documents. If he died intestate, his legal heirs may have acquired rights under the applicable succession law. Your father-in-law cannot transfer or bequeath the entire property unless he has a valid legal title.Regarding the second flat, since it was registered in his deceased wife's name, her legal heirs' rights must also be examined. The affidavit executed on ₹10 stamp paper by the elder daughter may not be sufficient to relinquish rights in immovable property. A properly drafted and registered relinquishment deed or family settlement may be required, depending on the title and circumstances.My advice is to obtain both sale deeds, death certificates, legal heir details and the existing affidavit. Thereafter, execute a legally valid registered family settlement and prepare a registered Will for your father-in-law's legally owned share.Advocate Udit Garg

Q: Sbi filed Negotiable instrument act 138

I had a sbi card due to financial issues payment was late, I don't remember giving any cheque they filed case on 2017 feb we are not aware of it, still we have cleared the amount on sep 2017 in cibil also they reported post written off settlemed we have transaction details, one day in 2023 we got the summon from rohini delhi court about the case, then only we got to know about the case, it's in evening court , we mailed customer support asking if we have any pending amount , they replied no dues

Advocate Udit Garg answered
Legal Advice by Advocate Udit GargBased on the facts stated, you should immediately obtain the complete case file from the Rohini Court, including the complaint, summons, order sheets, and details of the alleged cheque or payment instrument. Since the case was reportedly filed in February 2017 and payment was made in September 2017, your bank statements, payment receipts, and SBI Card’s written “No Dues” confirmation will be crucial evidence.First, verify whether the matter is a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, 1881, and determine its present procedural stage. If you never issued the alleged cheque, obtain the original cheque and relevant bank records to challenge its genuineness. If the dues were cleared, place proof of payment and the no-dues communication before the court through an appropriate application.A written-off or settled status in a credit report does not automatically terminate criminal proceedings. Your advocate should examine whether the complaint can be challenged, compounded, or otherwise disposed of under applicable law. If an adverse order was passed without your knowledge, appropriate remedies may be available depending on the case record.Do not ignore further court notice