The other person who claimed that his land was encroached had a survey (Hudbust) done, and it was verified. Now, the builder has also applied for a Hudbust to get a resurvey done. If the builder’s Hudbust and Podi (land subdivision) are also approved, can we consider it safe to proceed with the purchase?

Thank you so much for all answers sir ,

yeah i will definitely take opinion from local available lawyer here ,

so apart from that once the builder re surveys and gets approval ( both Hudbust Survey Sketch and Podi) 

and also some clause like this will be safe right ?

INDEMNITY BY DEVELOPER AGAINST BOUNDARY DISPUTE

The Developer hereby confirms and declares that the Apartment bearing No. ___ in the project “——” is constructed entirely within the sanctioned layout comprising Survey Nos. —— and —— of —— Village, —— Hobli, —— Taluk, and does not include, overlap, or encroach upon any portion of the adjoining land in Survey No. —— or any other survey number not approved under the RERA project (RERA ID: ——).

The Developer further undertakes to fully indemnify and hold harmless the Purchaser from and against any claims, legal proceedings, losses, costs, or damages arising due to any dispute, claim, or encumbrance involving Survey No. —— or any adjoining land.

In the event of any legal or administrative action regarding boundary or title involving Survey No. ——, the Developer shall bear full responsibility and liability, including legal defense, compensation, and compliance with any orders issued by courts or government authorities.

This indemnity shall be binding on the Developer, its successors, and assigns, and shall remain valid irrespective of the completion of the sale and registration of the property.

May be after this temporary injunction result it will be more clear.

Issuing Office: The Office of the Assistant Director of Land Records, Bengaluru xxx Taluk,.
Date of Notice: [deleted].
Case: An appeal regarding the boundary determination of Survey No. XX/5 in Kxxx village, xxxx Hobli, Bengaluru East Taluk (Application No: XX).
Appellant/Applicant (for injunction): The applicant related to Survey No. XX/1, which includes Sri. XX Ventures represented by its partner Sri. XX, and Sri. XX.
Opposing Parties: T. XX, N.S. XX, S. XX, Vxxxx W/o XX, Sxxxx W/o XX. All are residents of xxxxx, xxxxx Hobli.
Legal Action: The applicants of S.No. XX/1 filed an appeal under Section 139 of the Karnataka Land Revenue Rules, 1966, on [deleted], and requested an injunction under Section 55 of the Karnataka Land Revenue Act, 1964.
Reason for Injunction: The notice states that after reviewing the application, it was observed that if a temporary injunction is not granted, there is a possibility of damage or alteration to the land or records. Therefore, a temporary injunction has been ordered on the boundary determination map until further orders.
Next Hearing/Action: The measurement work for this case is scheduled for [deleted] at 11:00 AM.
Instruction: Both parties are instructed to be present at the site with supporting documents for the boundary measurement. Failure to attend will result in the case being settled as per rules.
Issuing Authority: Assistant Director of Land Records, Bengaluru xxx Taluk, Bengaluru.

Hi @Kalaiselvan sir,
So, even if the builder gets a favorable order at this stage, do the opponents still have the legal right to challenge it further?
Does this mean the matter can keep going on without any final closure?
If there's ever a clear end to the dispute.
If any party is dissatisfied:

Deputy Commissioner (DC) -> Karnataka Appellate Tribunal (KAT) -> High Court of Karnataka ?

Builder told he included a clause similar to indemnity will this protect me ?
The Promoter/Developer shall compensate the Purchaser/s in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the Promoter/Developer fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified in para 7.1; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter/Developer shall be liable, on demand to the Purchasers, in case the Purchaser wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with interest at the rate prescribed in the Rules including compensation in the manner as provided under the Act within Sixty days of it becoming due.

The Promoter/Developer hereby represents and warrants to the Purchaser/s as follows:
(i)	The Owners have absolute, clear and marketable title with respect to the said Land; the Promoter/Developer has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii)	The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii)	There are no encumbrances upon the said Land or the Project.
(iv)	There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment.

I wanted to update you on the current situation and seek your advice.

The survey was recently postponed due to the respondent's failure to appear. According to the builder, this process might now take a long time. I'm unsure how many chances the respondent is legally allowed to miss before a final decision is taken. Given this delay, could you advise on what steps I can or should take next?

Additionally, the builder has uploaded a notarized Non-Litigation Declaration on the RERA portal. It includes an indemnity clause as below:

"I state that, the Landowner/Promoter undertakes to indemnify and keep indemnified the Customers/Allottees against all costs, damage, charges that may be suffered or incurred by the Customers/Allottees as a result of any defect in the title in respect of the Schedule Property over which the said project being developed or any breach of the covenants contained or against any action/proceedings initiated by any authorities/person/persons whomsoever either claiming charges on the said Schedule Property over which the said project being developed."

"I/We confirm that the said land wherein project being developed is not mortgaged to any Banks / Finance institute as on today."

Also, the SBI TPA agreement includes this:

"That the said flat is free from all encumbrances, charges, lien, attachment, prior agreements, whatsoever or howsoever. The party at first part and second part will not do any act or deed which will affect the security of the flat/ or charge created in favour of SBI in any manner whatsoever. Further, if the Builder/owner creates any encumbrance or raises any loan from any bank or financial institution for funding the construction of the project, then under such circumstances it shall be the responsibility of the Builder/owner to provide necessary NOC to the Bank before disbursement of home loan to the borrower."

Please let me know what do shall i go ahead , as res of all documents verified by a lawyer physically