Advocate Vinod Todiwan

Questions Answered by Advocate Vinod Todiwan

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.

Q: POA Challenge Attorney has himself transferred the property

I have a General POA where in Attorney has himself transferred property in his name as Gift deed.Need to consult bon the same can the POA be challenged in Court

Advocate Vinod Todiwan answered
Yes, such a transaction can be challenged in court. An attorney under a General Power of Attorney acts in a fiduciary capacity and cannot ordinarily transfer the principal’s property to himself by way of a gift deed unless the POA specifically and expressly authorizes such self-dealing. Courts closely scrutinize such transactions.You should immediately obtain copies of the POA, Gift Deed, and relevant property records from the Sub-Registrar’s office. If the transfer was made without specific authority, consent, or was obtained by fraud, misrepresentation, undue influence, or breach of trust, you may file a civil suit seeking cancellation/declaration that the Gift Deed is null and void, along with injunction relief. Depending on facts, criminal proceedings for cheating, forgery, or criminal breach of trust may also be considered.

Q: Was in relationship for marriage but girl was flirt so she filed rape

I was in relationship with a girl who is a widow. She hid alot of things from me and also did things that shouldn't be done in relationship after several warning I left her so she put a false rape case on me. Please let me know what needs to be done.

Advocate Vinod Todiwan answered
If a rape FIR has been registered, immediately obtain a copy of the FIR, cooperate with the investigation, and preserve all chats, call recordings, emails, photographs, travel records, and other evidence showing the nature of the relationship. If the allegations are false, you may apply for anticipatory bail or regular bail as applicable and contest the case on merits. After collecting evidence, you may also consider appropriate legal action for false allegations, defamation, or malicious prosecution, subject to the outcome of the criminal proceedings. Consult a local criminal lawyer without delay.

Q: Ancestral Property Transfer to Legal Heirs

Sir,My Mother died in 2018 without leaving a will but only a nominee which was my brother. The society has transferred flat to him by way of nomination. After the death of my father the flat needs to be transferred among all the 5 legal heirs.What documents need to be submitted to society for flat transfer among the 5 legal heirs. Any compulsory requirement of a succession certificate????Will Family Settlement Agreement among 5 legal heirs suffice? Is stamp duty applicable to FSA.

Advocate Vinod Todiwan answered
A nominee is only a trustee/representative for the legal heirs and does not become the absolute owner merely by nomination. If your mother died intestate, her legal heirs acquire rights as per succession law. The society’s transfer in favour of the nominee does not extinguish the rights of other legal heirs.If all five legal heirs agree, a properly drafted and stamped Family Settlement Agreement can be executed and submitted along with death certificates, legal heir certificate (if available), affidavits/NOCs of all heirs, KYC documents, and society transfer forms. In such a case, a succession certificate is generally not mandatory for transfer of a flat, though specific society requirements may vary.For complete title clarity and future transactions, a registered family arrangement/deed is advisable. Stamp duty may be applicable on the Family Settlement Agreement depending upon its terms and the applicable State stamp law. Obtain the society’s written requirements before submission.