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?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
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
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.
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.
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
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.
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)
Possibly there is no cantonment board for Dumdum Cantonment though Cantonment boards are there for Barrackpore cantonment and Delhi Cantonment area . According to the search report of the title deed , the plots (CS Dag no- 2352,2353) was initially owned by George Watson . In 1902 it was transferred to Rameshwar Guha by way of conveyance deed dated 17/01/1902 registered at RA , Calcutta vide book number-1, volume no 15 ,pages from 56 to 60. Thereafter Rameshwar Guha sold the land in favour of Nalini Kanta Ghosh & Srikanta Prasad Ghosh by registered deed of sale vide no- 1340 in the year of 1908. In 1962 . the legal heir of Nalini Kanta Ghosh & Srikanta Prasad Ghosh jointly sold out the land in favour of Oodlabari Company Limited by way registered deed of sale vide no 1838, recorded in Book no 1, volume no- 73, pages from 64-73 . for the year of 1962 . date of expectation -09/04/1962. I am not sure how theses plots were attached to Khatian 1. Defense Estate Authority has sent a legal notice for eviction. Below is the order of High Court. Case no(Appellate Side, Kolkata High Court) - W.P 10256(W) of 2015 With W.P 7163 of 2015. “Upon hearing ..... for the writ petitioners, ......Additional Solicitor General appearing for the Central Government including the Defence Estates 2 Authority, ... Senior Advocate appearing for the State Government and Mr. Roy, learned Advocate appearing for the Dum Dum Municipality, both the writ applications and any pending connected applications are disposed of with the direction that the Central Government including the Defence Estate Authority shall not evict or otherwise proceed to evict the writ petitioners except in accordance with the procedure prescribed by law and shall also not command them to do or restrain them from doing any act without such authority. Any notices, advertisements and circulars etc. issued contrary thereto shall not be given effect to or further acted upon by the Central Government or the Defence Estate ...
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
This is order of hc.
Now, my question is what is the correct interpretation of this judgement . Defence estate Authority had sent an eviction notice to builder . The construction work was suspended for a few months and HC (single bench) has given this judgement . After this judgement , builder completed the construction and gave us the possession On basis of this judgement , can we accept the flat ? or still we should cancel? . However, proper registration is still not happening on basis of the judgement as this judgement did not instruct to continue registration for Khatian 1. Registration of Khtian 1 land of Dum Dum Cantonment area is still suspended . (We, current unregistered owners wanted to discuss this matter with cantonment board . But we could not locate any cantonment board for Dumdum cantonment . Local people informed Cantonment board for Dum Dum cantonment was dissolved long ago)
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.
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
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.
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.
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.
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.
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.