In my case builder has sold a house to two person and one am I. Buider (Mr. Mahak) build 2BHK row houses on plot. The case is going to two way for two owner, the detail is.... 1) Builder sold row house first to Mr. Burrugwar on year 2006 and made registered sale agreement. On this sale agreement, Mr. Burrugwar was took loan from Bank of Maharashtra in year 2006. Bank has paid money directly to the builder. Mr. Burrugwar was paid instalment to the Bank till 2009. In 2009 , Bank was declared defaulter to Mr. Burrugwar for non payments of instalment. Bank sold this house by auction as per surfasai act to Mr. Devgune on registered sale certificate in year 2011. And I brought this house from Mr. Devgune in year 2012 on registered sale deed. I was took 80% loan on this house from Repco Home Finance. Builder and Mr. Devgune has refused to me to back money or house. 2) Builder again sold this house to Ms. Bahel in year 2010 by registered sale deed. When know to Ms. Bahel that I am purchased this house, she locked the house and take her under. Kindly advise, who is legal owner (1 or 2) ? And what about my money which is paid by me to Mr. Devgune?
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You are absolute owner of said house
2) you have purchased house from mr Devgune who purchased it in auction
3) the sale by builder is illegal
4) file suit to set aside second sale by builder
5) file police complaint of cheating against builder under section 420 of IPC
Since you have purchased the property from your vendor by a registered sale deed, you may instruct him to handover the possession of the property.
You can issue a legal notice to him in this regard.
If he still fails, you can file a suit agaisnt him under specific performance of contract.
In the suit you can seek alternate relief of refund of the sale consideration amount paid to the vendor.
