I have purchased flat in mumbai from renowned builder,I have taken loan,I have registered that flat in my name,builder has provided oc also,now I received one letter in which it is written that land on which building is built was not sold by the person to builder...now m not understanding that builder has all the docs,bank has provided loan ,now how can someone send me notice that too has taken my details from registrar office without my consent.
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If you have received a notice then it becomes your duty to issue a reply notice denying all the allegations.
You may also state that you have purchased the property by a registered sale deed, and if at all he has any grievance he may have to approach the seller for relief or remedy.
You don't worry about such gimmicks, let them approach court,where you can challenge their claim properly on the basis of the documentary evidences in your possession and with the support of of merits in your side.
The builder will refund you the money if it's proved that the land is not in his name
Builder is telling me...customer service team that this is just for spoiling its image...and I received legal notice that I have to cancel my registration of flat else legal action will be taken on me...builder legal team told me this is just to spoil the image and u dnt worry about such things..lodha is reputed builder...
They can't file any case against you. They need to refund you
In reply to legal notice take the plea that you are bona file purchaser of flat
2) that your bank had done duke diligence and was satisfied that title is clear and marketable and hence sanctioned loan
3) that if he has any dispute with builder take legal proceedings against builder
You can seek legal assistance from builder in submitting reply to legal notice
no need to cancel registration of flat
1. The Notice /Letter which you have received is only an Arm Twisting /extortion for Demoralizing you.
2. You have purchased a Flat and not the plot of land (on which building is standing.
3. There is no way that you need to cancel registration of sale deed of your flat, since there is no "privity of contract" or dealing between you and that party.
4. The Notice-Sender can file civil suit /criminal case against the Builder /Developer and not against you, for land dispute (if any). Your Flat purchase is legally sound and will not be affected.
You reply to the notice received by you, involve & take help of Builder.
Bank sanctions loan on conducting thorough due diligence and upon satisfying / convincing about the clarity about title of the property, as such, no need to worry about title flow.
No need for you to cancel your registration.
Whatever the builder may say, you don't remain silent on the subject matter.
You can consult an advocate in the local and issue a reply notice as suggested and watch the developments so that you are not informed suddenly about any legal case against you on this at one fine morning.
1. See you should verify the details of land purchase and also the claims made in notice if they are false you should issue a reply to the legal notice received denying everything mentioned in that.
See.if OC is there , flat was registered vide registered deed, title is clear builder by valid deed purchased from seller, and earlier transactions are also clear then no cancellation can be done.
Also if the person who sent any notice has any case he can file before the court.
1.I hope there were no cracks in the due diligence conducted by you before purchase to ensure that title is free and marketable.
2. The possibility of letter being authored with malice to damage the reputation of builder cannot be ruled out, but equally true it is that one cannot rule out the defective title of property. It is trite law that nobody can pass a title better than his own title.
3. Immediately consult a lawyer with all the documents of property.
Kindly check the Development agreement if Lodha Builder has that between owner.
If it has the developing agreement of that plot then no need to worry about it. YOu can reply to that notice by giving such reference and keeping in CC Lodha Builder.
Send a legal notice to the builder with this notice attached to it and ask for explanations.
well, if he is trying to spoil his image then he should file a case of defamation against him.
Otherwise you should send him a legal notice asking him to furnish details of the land etc.
You can reply the notice and also represent yourself in court also.
- As per law A Flat purchaser must ascertain , whether a builder has the right to construct a building and sell flats.
- Further, there must be a written contract between the land owner and the builder. In the absence of such an agreement, the flat purchasers would never get any right to the flat purchased by them.
- Further, for getting CO , Only Building completion notice , Photographs of the building etc required , and the builder has to applied for getting the same from the competent authority .
- Hence, you should ask the said builder ,for the copy of the agreement with the land owner .
- If the agreement entered between the builder and landowner has already been cancelled , then the documents executed by the said builder will be invalided .
- Further , after getting the details from the builder , you should reply the said notice after mentioning that you have all valid documents from the builder , and the act of challenging the same by the sender of notice , amount to criminal offence .
1. Any one who is feeling aggrieved from the deal can send notice to you by getting your details from registrar office through RTI.
2. No need to worry because there are chances that builder is write in this case because bank doesn't provide loan without cross checking all the documents related to property.
reply to the notice and ask the sender to file a civil suit to claim his right over the land on which the building is constructed
issuing legal notice to flat buyers is no way to claim a right
the person has to go to the court of law to assert his right
there is no need to cancel your registration
just reply to the notice that nothing of that sort is going to be entertained henceforth and the matter will be reported to the police and authorities if the sender writes to you again
