I have bought a flat in kamothe,navi Mumbai from developer named Sughadh constructions n have done the registration. After a while i came to know that the builder had puchased this building while under construction from a previous developer named Suraj enterprises through cidco. Suraj enterprises has already done many of the flat's(including mine)registration with other buyers in 2011. After which he stopped d construction n ran away.They have not cancelled the registration but still the new developer ie.Sughadh construction is selling n making registration of the flats with new buyers. Is this legal? And can a new registration be done by other builder for the same flat without cancelling the previous reg. as in this case? How can cidco transfer the plot to new developer without settling or cancelling the registration of previous buyers?
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1) your title to flat is not clear and marketable
2) if flat had already been sold by previous builder unless said agreement is cancelled new builder cannot sell flat to third party
3) search sub registrar records whether your flat was sold earlier or not
4)contact a local lawyer
CIDCO will not interfere in this issue until an aggrieved person is drawing the cidco into the court or consumer forum.
The fact is that the subsequent registration of the already registered property will be invalid and a fraudulent act attracting severe punishment under criminal laws for cheating and breach of trust , criminal conspiracy and many more such offences.
Have you not taken a legal opinion before purchasing the property or whether you have not verified at least the encumbrance certificate before making payment for purchase?
They have not cancelled the registration but still the new developer ie.Sughadh construction is selling n making registration of the flats with new buyers. Is this legal?
No this is not legally valid,especially if the previous buyer is claiming the property on he basis of the registered sale deed favoring him, you will be in a problem.
And can a new registration be done by other builder for the same flat without cancelling the previous reg. as in this case?
No he cannot do it, this amounts to fraudulent act and cheating, he has to cancel the previous registered sale deed for selling the property to a new buyer.
How can cidco transfer the plot to new developer without settling or cancelling the registration of previous buyers
cidco has no business to transfer the property to the new buyers, the aggrieved persons have to make representation to cidco with their genuine reasons.
As per your query,
If the new builder entered into agreement with new buyers with out cancelling the previous agreement of the old builder is void abentio . The new agreement is not legally sustainable in eye of law.
The State Government of Maharashtra acquired the agriculture land in the area of Navi Mumbai to set up a new town and entrusted the same to CIDCO, as the Development Authority, for development and allotment of the plots under various categories. It is the responsibility of CIDCO to arrange all such approvals before allotment of the plots.
CIDCO is a wholly owned company of the State Government and is designated as a new town development authority for the town of Navi Mumbai, which, initially, issues an allotment letter with the condition that after the payment of the last installment or the full sale consideration, with miscellaneous charges as mentioned therein, an agreement for sale will be executed and registered in favour of the purchaser within 15 days of the possession; whereas in case of Societies, there is a provision in Article 25 of the Bombay Stamp Act that such a document by the Society attracts stamp duty and after the amendment of the Indian Registration Act in September, 2001, such a deed has to be registered. Therefore, the Banks and the Financial Institutions are advancing loans in cases of CIDCO properties on the basis of the allotment letters with mortgage N.O.C. in their favour.
Check the whether your flat was sold earlier or not in record of Sub registrar office .
Hi, this is amount fraud, the builder has played fraud against you so you have to lodge a police complaint against builder.
2. You have to file a suit for recovery of money as they sold the flat which is already sold to somebody else.
3. First issue legal notice and thereafter file a suit for recovery of money.
4. You have a options to file both civil and criminal case against builder.
1. You did not carry due diligence before purchasing the flat. The chain of ownership should have been verified before the purchase.
2. If the flat has been registered in favour of someone else then it could have been sold to you by none other than the buyer. The builder had no legal right to sell the flat which he did not own. The previous owner can file a lawsuit against you to claim the possession of his flat.
3. What your seller has done amounts to cheating and fraud. You can launch the criminal prosecution of the builder. This apart, you can file a lawsuit against him to claim with compensation the amount you paid to him.
