Advocate Vinod Todiwan

Questions Answered by Advocate Vinod Todiwan

Q: Countercase against BNS 85, 351, 352, 115,

Hi, has it it ever possible that a countercase be filed against the BNS85 case. I've secured anticipatory bail, and now beginning of the trial. We know that allegations in the FIR were vague.

Advocate Vinod Todiwan answered
Yes, a counter-case may be possible, but it depends on the facts and the specific offences alleged in the BNS case. A vague FIR by itself does not automatically justify a counter-case. If the complaint contains false allegations, fabrication, assault, threats, or other cognizable offences committed by the complainant side, an independent complaint/FIR can be considered. Since you have already obtained anticipatory bail and the trial is commencing, it is important to preserve all evidence, contradictions and documents showing falsity. The proposed counter-case should be filed only after carefully examining the FIR, statements, medical records and available evidence.

Q: Permission to travel abroad for work purpose during Court trials

Hi, I just wanted to know that Trial for the criminal case is going to begin soon. but in the meantime, if there's a requirement of the company to travel abroad, how can I take permission in advance for that.

Advocate Vinod Todiwan answered
If you are required to travel abroad for genuine company/business purposes while the criminal trial is pending, you can seek prior permission from the concerned trial court. File an application explaining the purpose of travel, proposed dates, destination, duration, employment/business requirement and undertaking to return for hearings.If your presence is not required on particular dates, you may also request exemption from personal appearance under the applicable provisions. The court may impose conditions such as furnishing travel details, undertaking to return, or depositing security. It is advisable to apply well in advance, rather than after the travel is fixed.

Q: I went to see a flat on Nov,2024 liked the flat gave out 1Lakh as toke

I went to see a flat on Nov,2024 liked the flat gave out 1Lakh as token to the builder for the flat he mentioned that he holds the ownership, while I was looking for home loans from the bank after few months I get to know that flat was sold to someone who couldn't pay his Emi and it was sealed by bank Knowing the fact builder still saying that I am the owner and without my signature you cannot buy it .I followed auction and did win it I got possession now builder is asking 2L illegally

Advocate Vinod Todiwan answered
Based on the facts stated, you appear to have a valid claim against the builder. If you paid ₹1 lakh as a token amount based on the builder’s representation that he had authority to sell the flat, but the property was already mortgaged or subsequently sold and later auctioned by the bank, the builder may be liable for misrepresentation, cheating and unfair trade practice. If you have now legally purchased the flat through the bank auction and obtained possession, the builder cannot arbitrarily demand an additional ₹2 lakh unless there is a valid written agreement creating such liability.Preserve all evidence, including the token payment receipt, bank records, WhatsApp chats, emails and any recordings. Send a legal notice seeking refund of the token amount and restraining the builder from making illegal demands. If the builder continues to harass or threaten you, you may file a consumer complaint for deficiency in service and unfair trade practice and, depending on the facts and evidence, also consider initiating appropriate criminal proceedings for cheating. Consult a local property lawyer with all documents before taking further action.

Q: MahaRERA Order Ignored, EMI Continues

I bought a 2 BHK on the 50th floor in a RERA project in Dec 2023. Possession promised: Dec 2024. It's now July 2026. The builder changed the layout and is forcing me to shift to the 36th floor without compensation. MahaRERA ordered a refund with interest in Jan 2026, but they haven't complied. I'm still paying ₹1.5 lakh/month pre-EMI plus rent. Can I legally stop my EMI or get relief until the builder complies?

Advocate Vinod Todiwan answered
You have a strong case based on the facts stated. Since MahaRERA has already passed a refund order with interest in your favour and the builder has failed to comply, the builder is in violation of a binding statutory order. You should immediately initiate execution proceedings before the MahaRERA Authority/Adjudicating Officer for recovery of the awarded amount as arrears in accordance with the Real Estate (Regulation and Development) Act, 2016. If required, you may also approach the High Court seeking appropriate directions for enforcement if there is inordinate delay in execution.Regarding your home loan, you should not unilaterally stop paying the pre-EMI or EMI. Your loan agreement with the bank is an independent contract. Non-payment may adversely affect your CIBIL score and may result in recovery proceedings by the lender. However, you may immediately approach the bank with a copy of the MahaRERA order and request temporary relief such as deferment, restructuring, moratorium or suspension of EMIs until the builder complies. Some banks consider such requests on a case-to-case basis.The builder cannot compel you to accept a different flat on the 36th floor in place of the 50th-floor apartment unless you voluntarily agree. Any unilateral change in the sanctioned layout or allotment is a serious breach of the Builder Buyer Agreement and RERA provisions. You may also seek compensation for delay, increased financial burden, mental agony, rent paid, pre-EMI paid, litigation costs and other consequential losses before the appropriate forum.Keep all documents ready, including the Builder Buyer Agreement, payment receipts, loan statements, rent receipts, MahaRERA order and all correspondence with the builder and bank. Engage an advocate experienced in RERA matters to initiate execution proceedings and explore additional compensation and enforcement remedies without further delay.

Q: Mutation Request for Death certificate

My father died in 1966. We were a small family of 5. He built a house in khed Maharashtra village Panhalje. 4 of the family members have expired. I am not able to get mutation done on my name as I don't have death certificate. How can you help

Advocate Vinod Todiwan answered
You may apply for mutation even if the death certificate is not readily available. Since your father expired in 1966, first approach the Gram Panchayat, Talathi, Village Officer, or Registrar of Births and Deaths for a search of old records. If no record is available, obtain a Non-Availability Certificate (NAC).Thereafter, you may file an application before the competent Civil Court seeking declaration of death and legal heirship on the basis of available evidence such as ration card, old revenue records, property tax receipts, voter records, Aadhaar, family genealogy, and statements of elderly villagers. Once the court declaration or legal heir certificate is obtained, the mutation entry can be processed.