• Not handing over land or demarcation after purchase

I have purchased a land from the builder in 2005. Registration has been done and mutation has also been done in my name. However builder has neither giving me the possesion or doing demarcation of the plot. I do not know exactly the location of the property.

Now after following it up, the builder says forget that land as a bad dream, we will give you an alternative property at different location, the same property is sold to some other person before selling it to me, the villagers has a claim over the land etc.

My question is 'since I have got the mutation ( Patta) in my name and registration, Am I not the legal owners of the same? How do I acquire the said plot? If my position is not absolutely clear, should I go for an alternative land which I am not sure of considering the poor credibility of the builder
Asked 1 year ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu
1) issue legal notice to builder to hand over possession of plot purchased by you 

2) if builder fails to do so move consumer forum against builder and seek directions to hand over possession of plot 

3) also seek compensation for mental torture undergone by you 

4) in the alternative seek refund of money paid with interest at 18 
%pa 
Ajay Sethi
Advocate, Mumbai
36400 Answers
2020 Consultations

5.0 on 5.0

Hi, You have to file a suit for decleration and possession against your builder.

2. After obtaining the court order you will get the possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
181 Consultations

4.3 on 5.0

The title passed to you as soon as the registration was done. You have the legal remedy to file a lawsuit against the builder to seek court's specific directions to him to deliver the possession to you, or in the alternative you can seek refund of the consideration paid by you along with compensation. Issue a lawyer's notice forthwith to the builder to raise this demand. 
Ashish Davessar
Advocate, Jaipur
21587 Answers
577 Consultations

5.0 on 5.0

My question is 'since I have got the mutation ( Patta) in my name and registration, Am I not the legal owners of the same? How do I acquire the said plot? If my position is not absolutely clear, should I go for an alternative land which I am not sure of considering the poor credibility of the builder
You should issue legal notice to the builder to hand over possession of the property physically on the basis of registered sale deed on your name.
If he fails to do so, you may lodge a police complaint for cheating and fraud played upon you besides filing a civil case seeking physical possession by filing a suit for mandatory injunction directing the builder to handover the physical possession of the property purchased vide the said registered sale deed document. 
T Kalaiselvan
Advocate, Vellore
26340 Answers
265 Consultations

5.0 on 5.0

1. If you do not know the identification of your land then how has the said land been mutated in your name?

2. In your mutation papers, you will get the identification of the land and no formal possession id required for vacant land after registration,

3. Visit the location of the land as specified in the Mutation papers and see fro yourself the position of the land and the associated problem. Meet the local Counselor of the Panchayat/Municipality,

4. Unless otherwise declared by a court against your registration, you are the absolute owner of the prioperty,

5. If you find that there is a problem with the said land, explore the possibility of taking the alternate option offered by the builder  or claim back the amount pad by you with the Registration cost since you have no other alternative left with you,

6. Since it is landed property no consumer complaint case will lie in this respect. 
Krishna Kishore Ganguly
Advocate, Kolkata
15504 Answers
377 Consultations

5.0 on 5.0

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