Hi,
You may still file the suit against that builder and the said suit will be filed in Noida.
Filing suit for possession of plot from builder's land in Noida
In 1989 a real estate builder launched a scheme that would convert vacant agricultural land in Noida to a Residential Township. My father applied a for 4500 sq ft plot in the same. He signed an agreement (provided by builder) and made the payment in 1989 itself. This agreement wasn't on a stamp paper and it stipulated that all legal disputes would be taken up in Delhi courts. The builder's office at that time (and even now) was situated in Delhi and the agreement was signed in Delhi. My father was given an allotment letter in 1989. But the project was delayed and 5 yrs later (in 1994) on request of my father the builder registered a general power of attorney for a 4500 sq ft plot from the total land in the name of my father. This power of attorney was registered in Delhi. Well this Township project never came into existence because the builder's entire land was illegally acquired by the Noida government. Builder filed a suit that went on for several years and in Aug 2016 Supreme Court ruled that Noida Government must return the land to the builder. But the land is still in process of getting transferred to builder's name as Noida authority is taking time to comply with Supreme Court order. I have following questions: 1) Do we need to file a declaration suit in court for taking possession of the plot (once land is transferred in builder's name)? Isn't the registered GPA proof enough that we have right on 4500 sq ft plot in the total land? 2) Are we barred by limitation act to file a suit against the builder? If the Supreme Court has taken the final decision on title of the same in Aug 2016 - don't we have a 3 yrs window to file the suit? 3) Should we file the suit in Delhi civil court or Noida civil court? Agreement says we must file in Delhi court. But there are many Delhi High Court judgments that state that suit for a land outside Delhi can't be filed in Delhi.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
It's better he moves to consumer court under deficiency of service and file for compensation.
You have to take legal proceedings against builder to execute sale deed for 4500 square feet plot
2) your claim against builder is not barred by limitation. Builder has issued allotment letter to your father but on account of dispute with authorities builder could not execute sale deed in your father favour
3) suit has to be filed in Delhi as agreement was executed in Delhi , builder office is in Delhi , agreement stipulated that jurisdiction would be of Delhi courts
1. Do not file the civil suit. You have interest in the property and in stead send him a notice to get a registered deed of sale in your name as POA alone does not make your father a rightful owner of the plot.
2. So in stead of civil suit file a case before the consumer forum where remedy is fast and you would get complete justice of direction on sale deed, handing over pf physical possession and enough damages and compensation for the delay.
3. The case is to be filed before the NCDRC, New Delhi provided the value of the land is more than 1 crore.
1. GPA does not confer any title upon the holder. Sale/ Conveyance deed is a must. At this stage, there is no need to file declaration suit in court for taking the posession as well as getting the land registered in your name.You should serve a legal notice to the builder asking them to to get the sale deed registered in your father's name within stipulated time. If they fail to do so, you will have to approach court.
2. No. Limitation period would not be an issue.
3.Courts in Delhi would have jurisdiction to try the case as the same was agreed upon between the parties and the GPA was also registered in Delhi. Alternatively, consumer complaint can also be filed against the builder for deficiency of services and unfair trade practices adopted by him.
Is this GPA is with consideration meant in exchange of money and do your father have payment proof. If yes, than file now, your case is getting barred by limitation.
Better file injunction suit with possession.
Suit will file where land is situated.
1. The registered POS Deed is not a title document hence no suit to declare title would be maintainable.
2. You may not be able to file a suit against the builder for specific performance of contract. However your father can execute a registered sale deed on his name or on the name of any close relatives on the basis of registered POS Deed.
3. The agreement on a white paper without registration may not be enforceable in law.
Moreover the agreement is barred by law.
Dear Client
You should file the declaration suit for taking possession if builder refused to transfer the plot on your name.
No you are not barred by limitation act as the land wasnt on name of builder as it was under possession of noida govt.
you should file the suit in Noida court as property is situated in jurisdiction of Noida court.
Thanks a lot for your valuable answers. Just wanted to inform that we are interested in plot and not refund because that wouldn't amount to much in comparison. Would be obliged if you can answer some further queries: 1) Since the size of our plot is less than 6500 sq ft (600 sq metre) - a lawyer in revenue court is telling us that it can't be registered through sale deed as an agricultural land. Instead it would be registered as a residential land (with stamp duty at that rate). Would this be legally valid, isn't there a separate process for getting the land use changed? 2) Can we use registered GPA to get sale deed registered in my father's name without involving the builder? If this can be done then would there be any need or benefit from filing a case in civil court? 3) Once the sale deed is registered - can the builder raise objection and stop us from getting mutation done - wouldn't he need to file a case in civil court to get the sale deed void - or can mutation be stopped by his mere objection? 4) Some have recommended that we should file the case in Delhi only because that is stated in the agreement. There is the following Supreme Court judgment in this regard: "Admittedly the property is situate in Gurgaon (Haryana). Delhi Court, therefore, has no jurisdiction to entertain the suit which is for specific performance of agreement of purchase of a plot - immovable property - situate outside Delhi. In our opinion, the submission of the learned counsel for the appellant that the parties had agreed that Delhi Court alone had jurisdiction in the matters arising out of the transaction has also no force" Harshad Chiman Lal Modi vs Dlf Universal & Anr on 26 September, 2005 Wouldn't this apply to our case?
Asked 6 years ago
1.Yes there is separate procedure. You can do it yourself.
2.Can the registration happen unilaterally without the builder? You need some one from his side to complete the registration as party.
3. He may file suit.
4. Yes you can file by citiing this judgement.
1) on basis of regsitered GPA executed by builder plot can be registered in father name
2) dont file suit against builder then
3) builder can object to mutation of property
4)in view of SC judgment file case in Noida
Suit will file where land is situated. ALREADY INFORMED YOU.
1. You are right that buying a land is different to that of the plot.
A land means not converted, but a plot means it would be a NA converted by approval of a competent authority.
2. If you have a registered GPA in your name then you can execute a registered sale deed in favor any prospective buyer including your father.
3. Mutation records are not title documents hence even if he objects the process of mutation, you may not worry, you can get the mutation done by a court direction on the basis of the registered title document in your name.
4. Yes, this judgment may be applicable to your case.