Sir i am owner of land ,where i make deal with builder on notary on my land where he has to make 30 flats out of this 15 of mine.builder has to invest all on infrastructure, after 3 months of work they fooled and dumped me, he ask me to register 4 flats to him . so he can take loan from bank. To continue work i did that . But i put on 100rs stamp paper if builder not able to complete building the registry will be void and null .but after that he stop working . i ask him to take loan . he said its in bank process. after waiting 2 months i enquired in thesil. where i found he selled 4 people to registry n same proprty to other 4 people as registered agreement,took money and not investing that money on my land. i want to cancel registry of that 4 flats on my land. which person has the authority to cancel that flats , i am 68 now dont want to involve in court case .please help me out . i heared dig or dm has the authority
Sir the civil court has only power to cancel the registry you have to file a suit in the case to cancel registry on ground of fraud and cheating further since further the 4 more people has to be also made party to the suit.
Also you can file an application for fast disposal of the suit on ground of age.
Further file a FIR on the builder for cheating fraud breach of trust.
Court is the only person who can cancel executed registry. You have to file suit for cancellation of sale deed.
it is necessary to peruse agreement signed by you with builder to advice
2) you have to terminate the contract if builder has committed breach of contract
3) sue builder for damages
4) seek orders to set aside -registration of 4 flats done in his name
Hello
The land was youra but the builder has fraudulently sold the flat and now you have neither the land nor the plots.
File a complaint with the magistrate against the builder and those persons who have bought flats in them fully knowing that the builder does not have the ownership of the land.
Regards
Dear Client,
Registered document can be cancelled by court order. File criminal complaint against him.
FIR will solve all things.
Unfortunately your only option now is to approach court by filing a suit for specific performance of contract and for cheating and fraud
You can also independently and simultaneously to above civil suit, file a criminal complaint against the builder
you should file complaint u/s 420 and file a civil suit for cancellation of registration.
Hi,
The authority of cancellation of registry deed is registrar but you may need a court decree for that. Instead you are suggested to sue the builder for the breach of contract and specific performance.
1. File a suit for specific performance against him in the civil court to seek a decree that he should honour his contractual obligations or refund the amount with damages.
2. If he has sold the land then file a suit for declaration of the sale deed as illegal. You have to make the buyers also a party.
3. A criminal case for cheating, breach of trust and forgery should also be filed against him under Sections 420, 406, 467 and 471 IPC.
4. Only the civil court can now cancel the sale deeds made by him.
The unregistered or notarised agreement entered with the builder is not enforceable in law.
You cannot cancel the registration you have already executed earlier for any reason and unilaterally.
You can approach court with a suit for cancellation of the same owing to the cheating by the builder.
You cannot get relief without involving court of law on this subject.
