If the civil suits are concerning the title of the builder then it is advisable not to buy them.
In case it is held that the builder is not having a clear title, your sale deed might be set aside, for which you'll have to fight another legal battle.
Advice on civil suit against a builder
Hi, I am interested in buying a under construction property from a builder in Thane. But on Rera site I can see there are 4 litigations on the property i.e. 3 Civil Suits and 1 Civil Appeal details given below. Just want an advice that can these civil Suits cause problems in future and should I go ahead with the booking. Details as per Rera website: - All Cases in Thane Civil Court 1) Civil suit , Year - 2010 , Status- Pending. 2) Civil Appeal , Year - 2017 , Status -Pending. 3) Civil Suit , Year - 2009 , Status - Pending. 4) Civil Suit , Year -2017 , Status - Pending. Thanks,
Asked 5 years ago in Property Law
Religion: Hindu
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18 Answers
It depends on the nature of the said suit. If it's resolved then no issue. If the suits are related to title then it has to be taken care
The applicant or complainant has filed cases against builder on various reason that may be related to property and all those cases are pending its not started for hearing yet and one of the suit has gone for appeal so the judgement is passed for that case in the lower court , so need to check the judgement of that previous court. Rest all are pending.
Before purchasing you need to check the project and builder's status regarding financial and completion of projects.
No won't go for this..
This time builder are doing many fraud things...
Suit on particular property means, some party is claiming its right on the property. Disputed.
Purchase not advisable. Civil suit goes longer and you may incur useless litigation cost.
Don’t buy the property if there are pending suits regarding title to property
it is not possible to come to any conclusion based on only the information about the pending suits
you need to ask the builder to give you the details of these suits and whether there is any stay or injunction which is operating against him from selling the flats to buyers in open market
also whether these litigations in any manner adversely affect the right of the builder to construct on the land and to sell flats
whatever may be the case, the sale if made by the builder will be subject to the final outcome of these suits and appeal
so only the builder can give you the necessary information about them
it is advisable to take a letter from the builder on his letterhead stating that the pending litigation does not affect in any manner his right to sell the flats in the building under construction
Why you are so eager to buy a disputed land.
No, you should not buy it
Our advice is to refrain from buying property from such projects because of lots of ensuing problems may entail for the compliance of statutory laws which would delay project blocking your hard earned money/funds.
If there is a litigation pending against the property, it would not be advisable to buy the property during the pendency of the litigation.
You better dont get into trouble by buying the litigation property.
You may be under full loss if the litigation fails and the seller do not have any rights to sell the property to you as per the court verdict.
- Why do you want to purchase a disputed property? The builder doesn't have a clear title and hence, you must avoid purchase that
- If these cases are related to property approval , and title of the property , then you are not advised to purchase such disputed property .
Dear Sir/Madam,
You are suggested that these cases have bearing the nature of the builder and you may proceed further only after clarifying all the possible issues with the builder.
when the case is pending before the court in respect the same property. After the final judgement of the court, as per court order you can take further step
If the pending civil suits involve the property which you are interested to buy then you should give up the idea of purchase this property till the suits are decided in favour of builder.
It is difficult to make any comment on the said cases, without seeing the pleadings / case detail.s
Further, if the property which you are planning to purchase the property forms part / one of the said suits, then it is not advisable, however, the out come of the said suit will depend on the veracity of the suit.
Better check and make sure that, the property proposed to be purchased by you is different from that the above said pending suits, and that, check the veracity / credentials of the project before investing.
I don't think that you should go ahead with the property. It is a disputed property and you may not be able to peacefully enjoy the property.
