Flat deal
Ashish
(Querist) 27 February 2012
This query is : Resolved
Dear all,
I'm facing some issue in an home deal and seeking legal advise from you all.
I executed a deal to bought a flat in Indirapuram, Ghaziabad in re-sale through a broker. It was an Allotment transfer case from the first allotee of the flat through builder. I made an agreement on Stamp paper but deed is not registered yet. I paid all the money (including loan from bank) to first Allotee and broker for the flat and it was written that the flat is free from all sort of legal issues and no one informed me otherwise that time however i got to know that there is a case pending for the same flat between first allotee and builder and due to that builder is not transferring the flat to me.
It's been 5 months now and I'm following it up with first Allotee since I got to know about the case and he is assuring me that he will take it back but he is not doing that so far.
I request this forum to please suggest me the options i have here and can I file a suit in any court if the person doesn't take the case back soon. Please note that the possession of the flat is with builder only but first allotee has made all the payment to the builder when he bought the flat.
Please inform if any input is needed from my end. Looking forward to any legal advise here.
Thanks much.
Ashish
+919833118145
Raj Kumar Makkad
(Expert) 27 February 2012
It was your duty to have enquiries from the builder prior to the purchase of the flat as buyer is required to be more vigilant than the seller.
If the seller of you is not ready to take his case withdrawn against the builder then file a criminal case under 420 IPC against him with a suit for specific performance and if the builder is responsible for the problem before you then file a civil suit or a consumer complaint against him as you have now your legs in the shoe of first allottee/your seller.
Ashish
(Querist) 27 February 2012
Many thanks sir!
I did enquire from the builder about any issues on flat but at the time of execution of deed, he didn't inform me either.
The case (of seller) is related to claim for possession delay from the builder.
I'm still following with him to take it back. Meantime I'm worried as my deed is not registered and its been 5 months since then. Is there any time limit after wchih the deed is not valid from legal persepective?
Thanks again.
Ashish
(Querist) 26 March 2012
Finally my first allotee took the case back and I provided the case withdrawal order copy from the court to the builder too. However, now builder is saying that there is another case pending against first Allotee (for some other property with the same builder) which the first allotee will need to withdraw as well.
Can builder say this, I dont have anything to do with their case now as my flat is free from all legal encumbrance now. How can I force builder to transfer my flat to me? Please advise.
Many thanks.
prabhakar singh
(Expert) 31 March 2012
unfortunately your agreement deed is unregistered and Ghaziabad is in UP where law requires its' registration.
you may sue both but for money and damages only as being in UP it needs to be registered.Better ask your seller to execute a registered agreement a fresh with reference to consideration paid already and then file the consumer complaint case or a suit for specific performance.Under existing agreement only money paid is safe for three years from its' date of execution.
Time of action in court of law for any such agreement is prescribed as 03 years by LIMITATION ACT.
