Builder is relation to me through my wife. We bought the land from him and they said we will do the construction so we agreed and this is the first construction to them and this is the first home to me. We did not do any agreements when we started but estimation agreement they gave it to bank for loan purpose and the one they get approved from village council. But no agreements between me and to the builder. First demand draft imbursement from bank on 17-Nov-2018 and second demand draft on 21-Mar-2019 in the middle we did not work almost 55 days due to EB new post issues near to land. So we started the work on Feb month. We were doing the construction till June month end and in the middle we stopped two weeks work because of bank delayed to provide DD. June end of the month we informed the builder that we don't have money to continue the work so send the final settlement amount bill and we will give within 2 days and then i will do the construction my own whenever i do have the money and they agreed for this. I gave 15,50,000 amount to the builder as per the bill they send to me through whats app and i do have the bills what they sent to me in my chat. Last payment done July 5th 2019 and then 8th July 2019 we started balance work of layering the bricks with cement. Age of builder is 19 and his father won't show up mostly. My father in law only taking care of things everyday. Builder started the problem who gave the rights to do this work. You need to ask permission to us. Finally they threaten to me and the workers like no one should not work here. Finally they went to police station to raise the complaint. Police officer asked me to provide pending work estimation and asked them to provide completed work estimation. Builder said that i need to give still 3,50,000 to them as per the square feet estimation and the pending we will complete within 3 lac but our pending work estimation from civil engineer is 11,75,000. We did not agree for this. So the police officer said that we will send the civil engineer from my side and engineer measure the completed works(this is what happened today). Kindly provide advise on this.
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in order to confer clear and marketable title sale deed ought to be executed in your name
2) sale consideration has to be mentioned in sale deed
3) as far as work done on site let civil engineer carry out measurement of work done and required to be completed
4) amicable settlement is best option
Thanks for the advise. Sale deed is in my name and i am having it.
Once sale deed is executed duly stamped and registered you are absolute owner of property
See in case you have the proof of the payment and the bill raised by them and the same amount is paid to them in that case there demand is not maintainable you can deny there illegal demand before the police.
Further if they are agreeing to complete the pending work of 11,75000 in 3 lack then you can take same written before police and can ask them to complete the work.
THe ownership is in your name and no agreement is there then in that case builder has no relief further it is civil dispute police cannot interfere.
He can't do the same as there is no privity of contract between builder and you. There is no criminal case maintainable in this case against you
police cannot interfere in property disputes.
when there is no agreement then no need to pay amount to builder. if builder threats then you should file criminal compaint against him.
What is the role of police ? Matter purely civil in nature. Say straight to police not to interfere neither you can be forced to permit civil engineer send by police.
On the contrary you should file complaint agasint the builder for threat and criminal trespass. You must be having those proofs --
don't have money to continue the work so send the final settlement amount bill and we will give within 2 days and then i will do the construction my own whenever i do have the money and they agreed for this. I gave 15,50,000 amount to the builder as per the bill they send to me through whats app
Builder reduced the amount to 2,50,000 and this i heard from person to person and i heard like they are going to get stay order from court. Builder did not inform me directly. Today morning i called Police station to check what is the status of Civil Engineer to measure the completed work. But they said like sir this is taking so long so please conclude something in amount so we can talk to the builder. I said 50,000 and the police officer asked me to come police station tomorrow morning. I don't know what to talk and how to handle this. Please let me know what to talk tomorrow.
Police will take bribe, nothing else will happen. Role of police not calling in this matter.
Be flexible.out of court settlement is best option
See you can directly talk to builder before police that if at agreed price he is ready and willing to complete the work then he can continue otherwise you will also take action against him for deficiency.
Police doesn't have power to do money settlement it's in you whether to do it through police, personally or through court
if you want to settle dispute amicably then you can settle through any mediator.
The police has nothing to do with the civil dispute.
You can inform the police that you will face this problem in court and ask him to proceed through court instead of coming to police station because he has taken the entire amount earlier and ther is no claim maintainable
You consult an advocate and issue a legal notice to the builder on this and instruct him to keep off from any such false claim.
If the sale deed is in your name then you dont have to give him any money in furtherance, let him approach court for any such relief, where it can be taken care properly
Do not try to solve the issue in police station, you may have to shell out money to police also for good for nothing.
You may file a caveat petition before court before he approaches court and challenge his case properly on merits and documentary evidences in your support.
Dear
You should file a civil suit for permanent Injunction for restraining the builder from stoping the construction of your building.
But you should clear the dues of any if any towards the builder.
