Sir, I have purchased a flat in 2010, later came to know that it had already been registered in 2008 to some one else by the builder. Meanwhile the builder died and new builder took over. The new builder spoke to the first owner for an settlement to cancel the sale deed, same was agreed for registration amount plus some extra amount. I had paid the entire payment of the flat and is ready for occupation, now when I ask the builder about the settlement issue he is deferring/ postponing saying lack of funds and the land owners are not willing to pay the extra amount for the flat settlement etc etc. As I have the burden of EMI's to be paid to bank of Baroda taken against the same flat, I spoke to the 1st owner and decided to pay the settlement amount (as agreed earlier)and get the sale deed cancelled for which he agreed. same has been conveyed to builder but no response. The original sale deed of the first owner is with the apartment's counsel as the first owner had only paid the registration amount and stopped paying further. I need advice on the below steps which I intend to take in sequence.
1. First I will pay the amount and get the sale deed cancelled. Shall I pay by check or cash.I also intend to take a note on stamp paper that he has
no claim on the above property, do I need to mention the settlement amount on the note or only the registration amount leaving the extra amount.
2. Second important one, what measures I need to take to get back the settlement amount from the builder. I am skeptical about the builder paying me back my amount. Please advice.
Asked 8 years ago in Property Law
Religion: Muslim
Ajay sethi::
Sir, I already got the flat registered in 2010, sale deed is with bank and I also have the keys of the flat with me.
The old builder before his death made an agreement with new builder stating that hence forth the entire construction work shall be taken care by new builder (i.e total hand over) endorsed with all flat owners signature including me , a copy of same is with me. So he is responsible for all disputes. I am paying on behalf of him so I can recover my amount.
T.Kalaiselvan:;
Sir, I shall be entering into an tripartite agreement as advised. Since the first builder who is dead has registered the flat to 1st owner and to me also thereby we have 2 sale deeds for a single flat, so If I cancel the sale deed of the 1st owner then automatically I will be the only owner of the flat. Isint correct? I could not understand the fraud involved, can you please elaborate.
Asked 8 years ago