If no action is being taken on your representation by the Municipality, you can approach the High Court and file a writ against the Municipality for their inaction.

If the builder has violated some of the provisions of the development agreement, proceed against him in term of the said agreement after serving him with a legal notice.

1) terminate development agreement with builder

2) revoke POA if any executed

3) encash his bank guarantee

4) sue builder , claim damages ,

5) seek orders to set aside sale deed , injunction restraining friend from selling the 5 flats

You may urgently end the development agreement with the builder.

Additionally you may file a case for fraud and cheating against the builder and in the civil court file a case for injunction and sue the builder for damages.

Regards

Also file a RTI with the municipality to seek a proper reply if they are not replying generally to you.

Injunction shall be sought from the court that the friend is not allowed to sell the flats further.

Regards

Hi, you can file a civil suit for permanent injuction to challenge the mortgage of the flats.. In addition also file a criminal case of cheating

If the builder has done irregularity than file an FIR against him u/s 420 IPC. Then write a letter to the municipality and attach the receipt copy of the fir with it.

Hope my reply helps you.

1. Your query is not understandable.

2. Property is mortgaged while availing loan from Bank/Lending Organisation/Individual for securing the said loan.

3. How come the said 5 nos. flats were mortgaged with the Municipality for availing the sanction of the construction?

4. Whom did the builder sell the 5 flats which he had mortgaged with the Municipality?

5. Was it mentioned in the development agreement that the sale of the builder's share of the developed flats will be done by you or by him after all your flats are handed over to you or sold?

6. If yes, then such sale of the builder's share of the 5 flats are illegal.

7. File a declaratory suit before the Court praying for a declaration that the sale of those 5 flats are illegal and also praying for a direction upon the Registrar to cancel the registration of the sale deeds of the said 5 flats.

1. If the development agreement does not allow him to sale his share of the flats with out your signature or before your taking possession of your share of the flats, the registration of those 5 flats are illegal.

2. File the declaratory suit as advised in my earlier post.

Under this situation you may issue a legal notice tothe builder and also the Municipality authorities.

You can aproach court of law after this with a suit for specific relief for enforcing the regularisation as per law and the agreement by impleading the municipality as an other defendant.

these flats registered in his friends name

You have been suggested with the steps to be taken on this.

On further practical issues, you may consult a local advocate.