Not getting Flat possession -flat previously sold to someone
Sir
We purchased an under construction 3bhk flat in Lanco hills, Hyderabad in august 2015. We made all scheduled payments timely. In October 2015, we got to know externally that our flat was previously sold to someone else who made few scheduled payments. According to lanco since the party didn't make timely payments their deal was cancelled. According to that party,they didn't make the payment as the construction was delayed. The money taken was not returned to the party as lanco has a rule that money will be returned only when the flat is registered by someone else.
In October 2015, on knowing that the flat was being sold to someone else,the previous party filed a case against lanco and court asked to put a stay on selling the flat. The case has been going on since last one year. In may 2016, we got a mail from lanco that our flat was ready for handover. However due to this ongoing case we can not take possession of our flat.
For no fault of ours we are stuck with a flat we cannot take possession of even after making 90% payment. Lanco hid important information from us that they had not returned money to someone taken against our flat.
Please advise how to proceed. Thanks.
Asked 8 years ago in Property Law
Religion: Hindu