Hello Sir / Madam, I have purchased a flat in Navi Mumbai, Dronagiri area in 2016 through a bank loan of HDFC. The said flat is not yet under my possession because the building is not yet received OC from CIDCO due to various reasons. In between I have heard some news about dual registration in that building, hence taken a search report through an advocate. In the search report it has been mentioned that the said flat was again registered to another person in 2018 through a "Sale Deed" where the party has given full payment through cash to the builder, not availed any bank loan. My registration was done on 2016 and that was the first registration as per the search report. Could you please advise what would be the next course of action from my end to make sure that flat will remain on my name with out any legal hazards.
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you have to file suit to set aside subsequent sale deed
2) also inform your bank about fraudulent sale deed executed
3) seek injunction restraining buyer from selling the flat
4) file police complaint of cheating , criminal breach of trust against builder and buyer
Hello Sir, Thank you for your prompt response. Could you please explain me in detail what should I do for point no. 1 (you have to file suit to set aside subsequent sale deed).
contact a lawyer
2) file suit to set aside sale deed executed by builder in 2018 . make builder and buyer party to the suit
3) enclose copy of said sale deed
4) seek stay order restraining buyer from selling flat sold to you in 2016
- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Further, if the builder has registered the same property in another person , then you can file a complaint before the police and higher police official against him for the offence of cheating and breach of trust
- Further, you can also file a complaint before the Consumer forum for the refund of paid amount or to get that property , and therein you can also claim compensation for mental agony and harassment.
Hello,
Dear client,
Sorry to hear about your situation. The sale deed completed in 2018 after registering for the first time in 2016 can be considered fraudulent or null and void. The Indian Registration Act, 1908, stipulates in Section 17 that subsequent transactions must be registered in chronological sequence. Any document executed for a fraudulent purpose is voidable at the affected party's discretion, according to Section 23 of the Act. You may ask the party in the 2018 sale deed for clarification and to assert your rights by serving them with a legal notice that cites these provisions. If required, you may file a lawsuit under the Specific Relief Act, 1963, to void the 2018 sale agreement and establish your legitimate ownership of the asset.
Hope this helps you.
File FIR of cheating and forgery against builder and buyer.
This is a criminal activity and an act of cheating.
You can lodge a criminal complaint with the local police about this.
In the meantime, you can file a suit for permanent injunction against the subsequent purchaser from alienating the property and to set aside his sale deed as you have purchased before him.
You can file a suit to declare the subsequent sale deed as null and void and to set aside the same since it was fraudulently sold to the subsequent buyer.
You don’t have to worry but can file a complaint with registrar for fraudulent activity. Also file a police complaint on the said aspect
