• Builder is making sale deed with incorrect Khatian , but correct dag numbers to hide Khatian 1

I bought an under construction flat /apartment in 2014. The project was marketed by Kolkata’s famous marketing company ,pioneer property management and developed by a reputed builder. 
The project has all branch approval from Punjab National Bank for home loan. The project plan was approved by Dum Dum Municipality & municipality mutation was done in favour of builder.
As it was marketed by big house and had loan approval from a Public Sector Bank, I did not bother to search the land record again.

A month ago, I got the long pending possession. Now, surprisingly I came to know this land belongs to Khatian -1 of Dum Dum Cantonment Mouja. Builder completely hides this information. In their Joint Venture Agreement, they have mentioned Khatian as 11 in lieu of 1.
I enquired the search report of the Punjab National bank panel Advocate visiting the Head Office .
The Panel advocate nowhere utter a single word about the Khatian number in the entire search report . He only mentioned daag no(2352 and 2353) and gave a clearance certificate seeing the title deed.
So, from the searching record , it is not Known how the land is currently belonging to Khatian 1 and current Khatian is not mentioned in the search document.

According to govt rule, land belonging to Khatian -1 of DumDum cantonment cannot be registered .
Now, I came to know about a big scam. Many builders in the nearby area are registering flats by putting some junk Khatian number like 11,12,,,101..13 etc in lieu of the actual Khatian, which is 1.
Sub register is surprisingly allowing this kind of illegal execution of deed. I have seen Sub-registers of Cossipore , Dumdum, ADSR -1 North 24 Parganas are allowing to execute such kind of Fraud sale deed.
Now , my builder is planning to make such kind of illegal deed . All the connected people like Bank, municipality, marketing company are aware of this fact.
I would like to ask the below questions

1.	If the builder makes sale deed by putting correct Dag numbers , but an incorrect Khatian number (which can belong to some third person) in lieu of correct current Khatian number as recorded in BL & LRO office , what will be the consequence in future ?
2.	How did the municipality allow this plan (without Bl & LRO mutation)? 
3.	How did a Nationalised Bank approve the loan and give full legal clearance ?
4.	What should we do now?
Asked 2 months ago in Property Law from KOLKATA, West Bengal
Religion: Hindu

File case against builder for cheating under section 420 of IPC 

 

2) nationalised bank has been negligent in doing due diligence 

 

3) you don’t have clear and marketable title to property 

 

4) builder must have managed to get the plans sanctioned from municipal corporation 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

In respect of any property sold, the seller is bound to disclose any material defect in the property or in the seller's title thereto of which the seller is, and the buyer not, aware, and which the buyer could not with ordinary care discover.

Any omission to make such disclosure is fraudulent. 

So you can file a fraud case against the builder and claim refund of money paid by you, with interest and compensation in civil court. 

Kallol Majumdar
Advocate, Kolkata
290 Answers
1 Consultation

5.0 on 5.0

1. Both he developer and the panel advocate are in hand in glove. Else no search report is complete without mentioning the khatian number. So first lodge a complaint with the Police alleging cheating  and criminal conspiracy.

2. The Municipality officials are also involved in the scam and hence their names should also be mentioned in the complaint with Police.

3. They are also seemed to be in complicity with the developer and do not spare their name either.

4. Now send the developer a legal notice seeking full refund of the money along with interest and damages. if they do not then file a case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

It's illegal and against the law. The municipality as well as the sub registrar office are under legal obligation to correct the said Illegallities

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

1. If wrong Khatian No. has been mentioned in the Sale Deed, then the sale deed so registered qwill be considered as illegal hence invalid. The builder shall have to avail permission from the Cantonment Board before selling the property constructed on the land situated at Cantonment area. However, if the land in Dum Dum Cantonment area  belongs to a refugee to whom it was allotted then after 10 years he can sell his said land. I have registered one Sale Certificate pertaining to a property situated in Dum Dum Cantonment area which was mortgaged with the Bank and finally sold by the Bank initiating SARFAESI Proceeding.

 

2. The history of the land on which the building has been constructyed shall have to be studied to further comment on the matter.

 

3. However, in case wrong Khatian No. has been mentioned in the sale deed, its registration will be treated as invalid.

 

4. You shall have to approach the lBarasat District Consumer Dispute Redtrssal Forum against the Builder alleging deficiency in ervice and unfair business practice claiming refund of the money paid by you including registration cost with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
21993 Answers
570 Consultations

5.0 on 5.0

Hi, if the builder has manipulated the law and has kept the facts hidden from the allottes, you can seek refund under section 12 and 14 of RERA( Real estate regulatory authority)

Hemant Chaudhary
Advocate, Gurgaon
4170 Answers
25 Consultations

4.9 on 5.0

  1. You have been cheated by the builder, there is no doubt in it and now by doing such acts he will be putting you all in problem but not now may be in future and by that time he would have fled from the scene.
  2. Its the government land, so government will get it vacated whenever they wish to, and then you won’t be able to anything.
  3. Its better if you file now a police complaint as well as a civil suit for cancellation of the agreement as the same was signed by fraud and cheating. And pray for the refund of your money.

Sanjay Baniwal
Advocate, South Delhi
4241 Answers
8 Consultations

5.0 on 5.0

you can be evicted by following procedure prescribed by law

 

 

you would be granted time to submit your reply 

 

granted personal hearing then only eviction orders passed against you 

 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

This is order of hc. 

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

In this judgement HC has clearly ruled out that no order of eviction or eviction can be carried out in this case against the writ petitioners. Furthermore it has stated that no notices circulars etc for eviction can be proceeded with in this case.

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

1) builder does not have clear and marketable title to property 

 

2) seek refund from builder as he does not have clear and marketable title to property 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

1. the order is not strickly decisive. It directs all the parties to act as per law which otherwise also shall have to be followd by all the parties.

 

2. You shall ave to find out how your plot has got attached to Khatian No.1 as otherwise the flow of title upto 

 Oodlabari Company Limited seems to be clear.

3. Registrar of R.A. can enlighten you in this matter showing circular no. You can apply for the registration of the sale deed and submit a query sheet before RA mentioning the Khatian no. as 1 in tyhe schedule and see the response of the R.A.\

4. If registration is not possible, then you shall have to approach the Consumer Forum as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
21993 Answers
570 Consultations

5.0 on 5.0

1. The High Court did not decide the plot in favour of your Builder.

 

2. You can approach the Consumer Forum for the refund of money as suggested in my earl;ier post.

 

3. You can approach the Defence Estate Authority.to remove the hurdle.

Krishna Kishore Ganguly
Advocate, Kolkata
21993 Answers
570 Consultations

5.0 on 5.0

1.  This will remain a problem for ever because the authorities may initiate action anytime in future on this illegality.

However since almost all the house owners are facing similar problems through their builders, you have a voice to support your cause 

2.  As you said that it is a nexus or racket, the builder would have managed all the sectors by passing some consideration, hence he got approval.

3. See the above answer.

4. Wait and watch the development patiently.

 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

If you receive any such notice then catch hold of the builder and ask him to clear all the problems or to sue him for this fraudulent activity and cheating you to buy the property which was not approved by any authority.

Discuss with your advocate in detail and take proper legal step when you are required to do so.

 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

For the present what you do is just pretend as if you are not aware of all these litigation involved with this property and may ask the builder to execute a registered sale deed in your favor.

Failing to respond  you may file a suit for specific performance of contract against the builder and seek relief and remedy.

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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