• Apartment is in court case

We bought flat in a mid sized community and unaware that the property has a case in court. When we came to know and asked builder he said that the case is not strong and is filed only to demand money and they already won in one court but he field in another one and said that they will take the full responsibility. However i have been paying property tax since 4 years and procured home loan from SBI. What is the probability that if builder looses the case that i will be asked to vacate the flat or pay money. Is it that simple?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

The outcome of the case will definitely impact your ownership,

If the facts of the pending litigation were hide, you can lodge a complaint against the builder,

Being an interested party and present owner of the case, you can implead yourself as a party to the ongoing litigation.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Builder has to indemnify you in case any claims are made 

 

you can sue the builder to recover your money with interest in case you are asked to vacate the flat 

 

 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

If the outcome of the case goes against the builder you may have to leave the flat. 

But there are some remedies. 

You can file a criminal case against the builder for hiding the ongoing litigation. It shall be a fraudulent sale.

You can also file suit for recovery of price money paid by you along with a claim for compensation for damages and losses incurred to you from such transaction deals. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

It depends on the judgment from  the court as the property in disputed even if you are paying the municipal taxes of property and in possession of the property the builder have to loose the property and similarly you are ,of course you will have the right to claim the compensation of losing the property that money you paid to acquire this property along with the interest and compensation but until and unless there is a verdict from the court in this regard you cannot say anything and this case however all the rights of yours is against the builder only you have no right to to claim from the person against whom builder has appeal

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

What kind of cases are pending against this property. Find out about the case and aeek an opinion in the matter. Then only it can be assessed. If the property is disputed your sale may be cancelled because you didn't do due diligence before buying the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

Yes it is not that simple and while a case is pending you cannot transfer that property. In order to give you specific advice you need to give all the details about the suit.

Hope this helps .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You will be asked to vacate only. Paying money will be option given to builder. If you yourself pays for builders loan then you can pay

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

1. Refer to the sale agreement you had with the builder. I am sure it contains a clause of indemnity in the event the sale does not happen because of any eventuality.

2. Consult with an advocate to know the nature of the case and the probable outcome of the case.

3. if the suit is of serious nature then it is better to come out of the project and get full refund of the money.

Devajyoti Barman
Advocate, Kolkata
22862 Answers
492 Consultations

5.0 on 5.0

See the details of the case needs to be perused in this case what is the claim and what is petitioner praying before the court after reading the case papers only.same can be advised. So ask copy of suit and appeal documents along with order from builder.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Your existing investment is safe and neither you will be evicted or whatever. However you will have to file a "intervene application" in the on-going court case and put up documentary evidences that you have purchased the property and that your interests should be protected by the court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You might have carried out due diligence before purchasing the said flat.

You can sue  the Builder if your apprehension comes true, i.e., you can recover the money and also claim interest.

Builder has to indemnify you.  Further, you can lodge criminal cases against him for cheating and fraudulently inducing you to purchase the flat.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If your property is also impleaded in the case, then better you file an application to get yourself as a party to the suit and participate in the case  so that you can fight for your rights on the basis of the registered sale deed executed in your favor.

The court may then decide to pass an  order to compensate you in terms of money if the case is decided agaisnt your interest. 

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

1. If case is won from one court then chances of losing the appeal are very low. 

2. If builder lose the case then you will be bound to follow the judgement of Court and file recovery suit against builder as he is taking full responsibility.

3. Take written assurance from builder as an agreement that he will pay the losses to you if he lose the case in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In case if you asked to vacate, you can file recovery of money suit along with interest

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. What is the case about? Unless it is known who filed the case against builder and to seek what relief, nothing can be said on the merits.

2. You ought to have conducted due diligence before purchase to ensure that title is free and marketable. It does not require rocket science to find out that property is embroiled in lis.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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