• Can we go for flat registration if there was a stay on land

Hi,
 We purchased a flat in an apartment.But later when we went for loan we came to know that there was a stay on the land survey no.I am buying from the Builder share.When i checked with the builder,he said that there was staty only on land but not  on FLAT.So going for registering FLAT during  STAY is not illegal?

           Actual one of the sisters of land owner filed a case stating that she want share although she signed the release deed on the survery no 3 years back.Please let us know if we can go for FLAT registration during stay on land.
Asked 7 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) request builder to furnish you certified copy of order passed by court 

2) it is necessary to peruse order passed by court to advice 

3) if the sister had executed release deed and it was duly stamped and regd sister could not claim any rights on land .

4)it is better not to purchase any flat wherein land on which building has been constructed is involved in litigation 

5) if there is stay on land how will builder execute conveyance deed in favour of society formed of flat owners 

6) avoid purchasing the flat 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
If there is stay in the land, what will be the fate of the structure built over the landed property if the court decides in favor of the person who filed the case?
Why do you insist in getting the property under litigation?
The builder will tell thousand things to induce and convince the buyer to buy the property, your prudence alone will help you save from the critical situation that may arise after that and not the builder will ever support you. 

Take a legal opinion from a lawyer and then proceed.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Flat is constructed on land and not moon. The owner of the property is the owner of the land underneath to the extent of his share. Without perusing the court order nothing can be said, but if the court has issued a stay on the registration of land then the flat cannot be registered either.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Obtain a copy of the stay that is granted in favour of the sister, get it verified by an advocate and then proceed for registration if the stay in not operating against individual flats or those flats which have fallen to the share of the developer. After confirming this then only proceed for registration.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
it is lis pendens  property means property under dispute in the court, generally banks do not sanction loan on lis pendens property. 

you should demand plaint and written statement from the builder for ascertainment of dispute that whether it is regarding flat or land. thereafter you should initiate further step. if sister did not claim about the flat then it is not suit property and you can get loan.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
From your further information it can be seen that the sister of the original owner has filed a suit agaisnt her siblings seeking proper division and separate possession of her share and has sought for injunction against them restraining them from alienating the property in any manner till the disposal of suit. 
Suppose the court is decreeing the suit in her favor, she may come with an execution petition seeking to evict the occupiers and handover possession of the property allotted to her by court and if your property falls within her share of property, your position will be embarrassing and may have to pursue the litigation. 
You were advised to take a legal opinion from a good and knowledgeable advocate before buying the property which will save your anxious moments. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
better avoid purchase of flat from the builder 

since court has granted stay on creating third party rights on land no conveyance can be executed by builder in favour of society formed of flat owners 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
You have extracted the prayer clause of the suit but it does not speak of as to in what terms the prayer has been accepted by the court. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0