Harassment by builder and witness

ravinder (Querist) 30 March 2012 This query is : Resolved
Hello My name ravinder bisht living in west delhi ,kailash puri right now i am in very critical situation and i want ask your help
I had purchased a builder flat in palam kung near dwarika through builder in 2009 that time builder told me that that building will be completed within 6 months but that builing still not completed but all flats are ready .My sister husband made this deal and singed as witness on [property aggrement now sister and her husband had some problem and they are going to divorce and her husband telling us he will take stay order against our flat because he told me he got all flat papers photocopies ( we have all original papers ) and we thought builder and him they together . Because that flat rates goes up and builder told us get your money and leave this flat and he told us if that guy( sister husband )get stay order from court your money will be gone and he will take that flat so please give me your valuable opinion and if he get stay order so what i will do and complain consumer court .please reply asap .Thanking you

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Adv.R.P.Chugh (Expert) 30 March 2012
Dear Mr.Ravinder,

Just because your estranged brother in law has the xerox copy of the documents - he can do nothing - much less become the owner. Don't worry on that count. File a suit for mandatory injunction whereby the court would order him to deliever the property documentst oyu.

He is just trying to extort. File a criminal complaint against him for inchoate extortion [S.385 Indian Penal Code]

As regards the builder - serve him with a notice to hand over the flat to you - failing which file a suit for specific performance/possession.

ajay sethi (Expert) 30 March 2012
you are the owner of flat . you have all original documents of the flat . your brother in law is merely a witness .

he dosent own the property .

dont sell flat to builder . in fact you can sue him for deficency in service and ask builder for compensation for failure to deliver posession on time .

builder is taking advantage of your ignorance of law and is playing on your fears . contact local lawyer in delhi

Raj Kumar Makkad (Expert) 30 March 2012
Your brother in law can do nothing. We being advocates have plenty of zerox copies of property documents of our clients. If one can become owner by having the zerox copies of some other's property then definitely I shall be owner of 1/2 share of land of Haryana.

Serve a legal notice against the builder and file a consumer complaint against the builder. engage a local lawyer for this purpose.