• Flat under construction has some dispute in owner's share

Hi sir,
we have booked a flat under construction by june 2012  which is owner's share in bangalore urban.By the time we verify legal documents and gave next down payment we saw a ad in times of india the property has dispute by december.and by february 2013 case has been filed.
The builder somehow convinced us and we applied for home loan in july 2013 and got processed. By sep 2013  we came to know that even other banks are not aprroving loans for this flat which is part of owner's share.But Builder's share there is no problem in sanction of loans.
We have put on hold our home loan.
Till now we have paid around Rs 8 lakhs to the owner.
when we talked to the builder he said no problem in cancelling the flat.
But we like the flat and location very much.

Note: we have never met the owner in person,or know his mail id or phone number.

Case details:
case code:
205200001882013

CASE STATUS
First Hearing Date	11-02-2013
Next Hearing Date	
Purpose of Hearing	
Court No & Judge	539 - PRL.SENIOR CIVIL JUDGE

Petitioner(s) & Advocate(s)
Petitioner - Annapoorna prasad.K
Address - no.172/5, no.101, 3rd main, 5th cross, dollars layout, btm II Stage, bannergatta road, bangalore
Advocate - V.V.Gunjal

Extra parties

2) Petitioner - Ajay prasad
Address: no.172/5, no.101, 3rd main, 5th cross, dollars layout, btm ii stage, bannergatta road, bangalore
Advocate -
Respondent(s) & Advocate(s)
Respondent - Susheelamma
Address - no.24/1, Riya aparments, ramaiah gardens, 24th main road end puttenahali,J.P.Nagar, 7th phase, Bangalore
Advocate - 

Extra parties

2) Respondent - Shivashankar.M.R
Address - no.9, Ramaiah gardens , 24th main road end, puttenahalli, j.p.nagar, 7th phase, Bangalore
Advocate - 
3) Respondent - Madhusudan.M.R
Address - no.9, Ramaiah gardens , 24th main road end, puttenahalli, j.p.nagar, 7th phase, Bangalore
Advocate - 
4) Respondent - Ramprasad.M.R
Address - no.9, Ramaiah gardens , 24th main road end, puttenahalli, j.p.nagar, 7th phase, Bangalore
Advocate - 
5) Respondent - Anuradha Rajsekhar
Address - no.2-312/IA ,main road, k.r.palli chittor,
Advocate - 
6) Respondent - Jayanthi.N.Rao
Address - no.349, 11th cross, 14th main, j.p.nagar, bangalore
Advocate - 
7) Respondent - M/s Raja Housing limited
Address - Raja Mahalakshmi F-2, 12 basappa road, shanthinagar, bangalore
Advocate -

ACTS
Under Act(s)	Order 7 Rule 1 of CPC
Under Section(s)	0
Subject	


Please let us know what to do

Thanks
Gayathri
Asked 3 years ago in Property Law from Bangalore, Karnataka
take your refund if builder is willing to give it to you . litigation is expensive proposition can drag on for years .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, you better approach consumer court for deficiency of service or file a suit for recovery of money, provided pls let us clarify what are all documents with you in order to prove your case is important.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You have stated that there is no problem with builders share of the flats. If so, please check the nature of the case and how the case is related to the property. Consult your advocate and seek advice about the seriousness of the case.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
Carry out the due diligence test to ascertain the nature of the case pending in the court. Your lawyer will after carrying out the test advise you as to the consequences of purchasing the property.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Its prudent to take refund from the builder, if he is offering the refund. As our brother advocate stated, litigation is expensive. Please understand your Investment is at risk.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
what is the case filed is to be ascertained first. if you are interested in this regard we can verify the case filed by the persons and by verification if it is found that your builder is in trouble, then you have to seek for refund of your amount without any further delay.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
if you want to engage fees of any lawyer for going through the case papers and advising you then you have to pay his fees . in this site there are number of lawyers practicing in Bangalore . contact them
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
You can engage any lawyer for legal guidance subject to the payment of his legal fees.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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