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 in Property Law from Visakhapatnam, Andhra Pradesh
1) you dont have clear and marketable title to the property
2)since earlier agreement was registered in 2008 in respect of same flat the earlier purchaser can obtain stay restraining builder from delivery of possession of flat to you
3) your cause of action is against the builder .
4) you can move consumer forum against builder to direct him to deliver another flat to you or refund money with interest and pay you compensaton
1. It seems that you did not carry due diligence. If the flat is registered in someone else's favour then your title is not clear.
2. The previous owner who has a sale deed executed in his favour can evict you through the court and get possession of the property by filing a lawsuit for eviction against you. The previous owner can also file a criminal case for trespassing against you, which may result in your arrest.
3. Your remedy is against the builder who sold you the flat. You can file a lawsuit against the builder to claim the refund of the amount paid to him and also seek compensation from him. This apart, a criminal case for cheating can also be filed against him.
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 1 year ago
1) Since the flat was already registered through a sale deed in 2008 that buyer has a clear ownership and as far as you are concerned your title to the property is not clewar and marketable.
2) The builder has committed fraud in selling a flat that was already sold to some one else and therefore you must sue the builder.
3) The first buyer can not only bring about a stay against delivering the flat to you but also evict you in case you are in possession of the flat.
4) You need therefore file a suit against the current builder either to compensate you with interest the money you paid or provide you with an alternate flat of equivalent value.
1) the previous owner can obtain certified copy of regs sale deed from sub registrar office and file suit
2) you ought to through your lawyer take 30 years title search of the flat in dispute
3) if there is no regd sale deed prior to flat being sold to you then you have nothing to fear and you would be absolute owner of the property
Hi, you have to file a suit for deceleration that you are the absolute owner of the property.
2. Provided earlier builder has already sold the flat then you have no option you have to file a suit against your builder for recovery of money and also file a complaint for cheating.
The builder who sold the property might have done the same through a POA deed only since there were 12 owners. If somebody else is claiming the property, let him approach the court, since your a registered sale deed in your favor, you need not worry about this, you can challenge the same appropriately.