Sir, I purchased a flat in 2010 and got it registered. Thereafter I came to know recently that the flat has already been registered in 2008 to some others. The previous owner's original registration documents are with apartments counsel as he had not paid any amount except the registration fees. In mean time the builder who sold me the flat died and new builder took over. I had paid the new builder entire amount for construction and now the flat is ready for occupation. The previous owner is threatening the new builder politically to hand over the flat for the price fixed in 2008. He is not even agreeing for an settlement. I have also heard that he is going to proceed legally against me. I have also taken loan from an government bank and even have an EC. Can you advice me how to proceed further .
Asked 8 years ago in Property Law
Religion: Muslim
1. The previous owner does not have original registration documents with him. He only has the xerox copies with him so I think no counsel will be ready to take up the case without seeing originals.
2. Bank of Baroda, a government of india undertaking bank has sanctioned me loan with an valid encumbrance certificate stating I am the 1 St owner of the flat.
4. My property is mortgaged with bank so if the previous owner wants to sue me then I will be the 3rd party in that case, first will be the 12 executioners who registered this property to Me and 2nd party would be the bank of baroda who sanctioned my loan without cross checking who the real owner is. ( creating fake encumbrance certificate for loan I suppose)
3. The registration documents with me contain signatures of 12 executioners , who have duly endorsed and handed over their property to me. initially the property on which this apartment was built was owned by 12 people who gave it to me through the builder.( who is dead now)
Pls throw some light on above issues.
Asked 8 years ago