Can i file benami property file against sra flat purchaser.

bhavesh bhanshe (Querist) 16 December 2022 This query is : Resolved
Builder given us Flat on lottery base but haven't given any papers.

after 15 days, the builder people and some 5 people sold the same flat to one person.
they made our bank account for address proof of the flat and made agreement, Power of attorney.

My father is flat owner and he is no more.
can file benami property and benami transaction file against purchaser.

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Quick Summary

This discussion explores the possibility of filing a benami property case against someone who purchased an SRA flat that was allegedly sold fraudulently by the builder. The original allottee claims the builder sold their allotted flat to another person after taking their bank details. While a benami case might be difficult without clear proof of ownership, options include filing a cheating complaint with the police against the builder and potentially a civil suit for money recovery or title declaration, provided sufficient documentary evidence exists.

kavksatyanarayana (Expert) 16 December 2022
You can file a case against the builder (not the purchaser) for double/fraudulent registration.

Advocate Bhartesh goyal (Expert) 17 December 2022
If you have any proof of flat ownership then you can file case against builder and subsequent purchaser else not.

P. Venu (Expert) 18 December 2022
Facts, as posted, are incomplete and disjointed and hence lacks clarity. Why lottery?
How could another person make use of your bank account as address proof?
It appears that the incidents had taken long back, When?
What is the relevance 'benami property'?

Please post simple but complete facts.

SHIRISH PAWAR, 7738990900 (Expert) 19 December 2022
Hello,

You should have valid documentary evidence showing right title and interest in your favour otherwise your claim will not sustain.
You may approach the police station against the builder.

T. Kalaiselvan, Advocate (Expert) 20 December 2022
This is an act of cheating for fraudulently selling the property to two buyers one by one.
On the basis of the documentary evidences, you can lodge a criminal complaint with the concerned police and also file a suit for recovery of your money or a suit for declaration of title to you on the basis of the money transactions between the builder and you.

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