Hi, I purchased a flat in AVJ Heights Greater Noida in Feb 2016, and after some time, i come to know that flat is in profile funding case. Means there is already 1st buyer whose EMIs are not paid by builder, hence their bank chasing them. So i filed case in DRT Delhi in 2017, which is still in progress. Also i filed a civil suit against builder & 1st party in 2017 to get stay, but all of sudden recently 1st party also appeared in court and having all the documents same as me (possession letter, no dues etc) & claiming flat. I have possession of flat but not staying there but regularly paying maintenance & light bills. But now 1st party is claiming as their own flat. What to do now? Need URGENT HELP!!!
You should immediately file a criminal complaint against the builder under section 406, 415 and 420 of the Indian penal code for the offence of criminal breach of trust, Cheating and fraud.
Since you are having possession of the flat, the court would not disturb the possession from you, until and unless the entire matter is decided.
First file criminal complain agasint builder. You are in possession of flat which cannot be recovered by first owner without court declaration.
But the issue here is, builder had already sold the property to first owner , he may have registered sale deed than sale to you by builder is illegal or if you have purchased from first owner, than he has no claim. Neither you can stake any relief from builder but from first owner only. File criminal complain agasint him.
Thanks for answering. But builder is absconding so i am not sure if he will reply in court. Since i have possession but not staying there -- will it be any issue later on? though paying all dues on time. I have aadhar card, bank account of that address & planning for IGL connection also -- will it help to prove my ownership? Sooner i will come to Greater Noida to file this FIR.
Ownership will prove by registered sale deed. Let the builder abscond, but you have to defend your title so FIR is must.
Aadhar card bank account and IGL connection has no bearing on the ownership.
Also check with the sub registrar office as to whose name is registered as the owner there.
Also, FIR can be filed through an advocate or online too.
Hello,
The main culprit in the builder and not the first buyer.
However, if you are in possession then you can not be dispossessed without the due process of the law.
The first buyer though have a strong claim to claim ownership as following the principles of caveat emptor it was your duty to check the title of the land before purchasing it
yes file a FIR and consider filing claim before NCLAT also.
Regards
You can approach the Consumer court with the Complaint. As suit is pending you can also file suit
1. I am going to file case against builder in section 406, 415 and 420. 2. Registry of this society is not open yet, and none of them are registered. So can not be checked at registrar office. 3. I have NCDRC case also there with 80+ more people. Is this different from NCLAT ? 4. I have a loan from PNB housing who has also filed FIR against builder long back, will it help? 5. Isn't it my bank's responsibility to check ownership of flat before giving loan to me? I have also made them party. 6. Also i have informed my bank (PNB housing) about 1st buyer claim & to take necessary action. 7. My current civil suit lawyer is saying nothing to worry about 1st buyer's claim, but i am bit nervous. 8. How long can it take to court to decide ownership? 9. Can court give decision in favor of 1st buyer even builder does not appear in court? or can give stay for me.
bank's responsibility to check ownership of flat -- No,
You can also file FIR for cheating and fraud. But it But but it will take lot of time in criminal Court to prove him guilty. If builder gets arrested he may settle the case
1. Go ahead
2. Alright
3. yes
4. Yes, it will. But builder is absconding and it will be an issued for you
5. No, they are not responsible. make them a party if you are alleging that both builder and the bank connived to do this fraud.
7. it's not like that there is nothing to worry.
8. 3-4 years atleast
9. depends on what claim has been made by him
Regards
1. You have rightly filed the civil suit and I hope you sought declaration of your title in the said suit.
2. if that is so then nothing more is to be done.
2. Do not loose the physical possession over this flat as possession is considered be the 9/10th of title and hence you must maintain it to keep your upper hand.
3. Only a civil court is competent to adjudicate on the title and hence you have to wait till final outcome of the suit comes. Till then enjoy the property.
You could have filed complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
2) also file case of cheating, criminal breach of trust against builder
3) you don’t have clear and marketable title to property
It appears builder has sold flat to one purchaser
your remedy is to sue builder to recover your money with interest
there must be indemnity clause in your your sale deed
if builder had sold flat to first buyer by registered sale deed then court woukd decide in your favour
cases before consuner forum take at least 2 years to be disposed of
criminal cases take 10 years to be disposed of
bank ought to have done due due diligence before sanctioning loan
You can file a complaint in District Consumer forum and claim refund of money along with interest and compensation .
If the first buyer is also claiming the property, then you may have to fight it out on merits or go for compromise with the first buyer.
The builder can be taken into task for this fraudulent act by giving a complaint with the local police for cheating
You may better occupy your flat for few months so that you can establish tht the same is on your possession and enjoyment.
You may lodge a complaint against the builder at the earliest, let him abscond or be available.
As far as this flat is concerned the builder has fraudulently sold the same to two different persons thereby cheating both.
Now you have to fight it out in the civil court and criminal courts on merits and documentary evidences in your possession