Dispute b/w builder and seller
Varun Gupta
(Querist) 14 September 2014
This query is : Resolved
I purchased a CGHS flat in Dwarka last year and havn't got the membership transfer in my name yet. I have been regularly paying the maintenance fee. All my docs sale dee, conveyance deed etc are with bank as I have taken a home loan.
Now the builder and the seller has a dispute. The builder has filed a case against the seller stating that the seller has sold the property to me whereas the seller had an agreement with the builder to sell the property to the builder's sister.
We have come to know all this through seller and so far builder has not involved me in this case.
My queries:
1. Can their dispute harm me or my property?
2. can we loose our rights on our property if builder wins the case?
3. Can the court put a stay on our property due to this dispute?
I am really worried, please help.
Regards
Varun
Anirudh
(Expert) 14 September 2014
Have you been made a party in the suit filed by the builder?
Varun Gupta
(Querist) 14 September 2014
No, not yet. I have not received any thing yet.
Anirudh
(Expert) 14 September 2014
So long as you have not been made a party, you have no role to play.
In any case, do not give any reply to any legal notice, without consulting a lawyer.
Do not talk on this subject or do not show your anxiety. Your unnecessary talk in and around and the talk by your house-hold people to neighbours etc., will only complicate the matters. Please be assured that your property is safe. Whatever happens that will happen between the builder and your seller. The builder cannot get back the property from you. At best he will get damages from the seller and nothing more.
Varun Gupta
(Querist) 14 September 2014
Thanks Anirudh for your advice.
I have one more query:
1. Can the builder include me as a party to the suit later in the case or use me as a witness in his case?
Regards
Varun
Anirudh
(Expert) 14 September 2014
The builder can add you as a party in the suit.
He will not make you a witness, that is for sure.
Varun Gupta
(Querist) 14 September 2014
Thanks Anirudh
R u based in Delhi? Can I contact you if I need your advice or services (if required) in this matter?
Regards
Varun
Anirudh
(Expert) 14 September 2014
Yes, you can do so, first by sending PM (personal message) through this Forum.
ajay sethi
(Expert) 14 September 2014
Yes MR Anirudh is based in delhi . you can contact him after prior appointment
Varun Gupta
(Querist) 14 September 2014
Thanks once again.
Regards
Varun
Rajendra K Goyal
(Expert) 14 September 2014
Agree with the advise of expert Anirudh.
You have rightly decided and I also recommend to consult expert Anirudh.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 September 2014
1) largely not
2) No, since duly registered. If contrary to the contract, otherwise u may insist builder to add u in common suit.
3) Court will recognize ur right.
However consult Anirudh based at Delhi
ADV.JEEVAN PATIL
M U M B A I
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
Your query has been properly answered by Mr. Anirudh. If need be, at a later stage, the builder may implead you as a party to suit, you may challenge the pleadings placed against you through your lawyer.
Varun Gupta
(Querist) 20 September 2014
Thank you all for your advice. I'll contact in person if required.
Varun Gupta
(Querist) 02 November 2014
I have another following query:
I have recently lodged an application for membership with the society on 15th September and I have not received any response from the Secretary till date (which is now more than 30 days of the lodgement). I recently came to know through the office of the society that my application has been forwarded to the RCS along with the above complaint (i.e the case against the seller). I visited RCS office to find the status of my application and I was advised that no such application has been received by the RCS. The officer at the RCS advised that RCS has given powers to the society to take decisions on membership transfer cases. The officer advised me to lodge an appeal with the RCS and said that they will send a notice to the Society to know why this case has not been approved. I lodged an appeal on Friday.
Now I wish to know:
1. Can RCS put my application on hold for membership due to court case b/w the builder and seller?
2. Do you suggest I should hire legal service to deal this matter?
Regards
Varun
