Rights of bonafide owner

Dinesh Kandpal (Querist) 14 April 2017 This query is : Resolved
Hello sir, Is a flat purchaser secured by way of registered agreement with full consideration paid to builder and in possession of a flat, wherein now another person has claimed that builder had offered / allotted the same flat 20 years back, also paid money but agreement was never done? Can the previous so called buyer drag the bonafide owner in his dispute with the builder? Pls guide. Regards Dinesh

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ADV-JEEVAN PATIL, MUMBAI (Expert) 15 April 2017
if title is clear and Flat is transferred in your name no one can challenge.Another person's claim is time barred and will not sustain.

Adv. Yogen Kakade (Expert) 15 April 2017
Seems academic query.. the registered conveyance shall be the best evidence of being the owner of the property and title holder.

Rajendra K Goyal (Expert) 15 April 2017
If the title is clear the claim of so called previous buyer may not succeed.

Raj Kumar Makkad (Expert) 15 April 2017
I think the experts have not clearly gone through the contents of the query wherein the author has clearly described that title has also not passed over to him rather he has an agreement of full payment with possession.

In the given case, you are on better footing as the so-called previous purchase is neither having any agreement nor the possession of the property moreover he has also to explain the reasons of his long sleep of more than 20 years.

Raj Kumar Makkad (Expert) 15 April 2017
I shall suggest to get the transfer of the property done in your name at the earliest so as to avoid any dispute in future.

Dinesh Kandpal (Querist) 26 April 2017
Thanks sir for your reply ! The case was finally withdrawn in second hearing as plaintiff and builder consented.

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