Plot Sold By Builder
Shashank
(Querist) 03 July 2011
This query is : Resolved
We had purchased a plot in 2003 & have paid the full & final settlement amount towards the purchase of the plot in a coop society.
We had not done the registration & the conveyance of the plot due to various reasons till date. I had recently been to the plot & came to know that the developer of the plot has sold the plot to someone else.
I approached the developer & asked him the reason & they told that they had given a notice in the paper regards to the said plot that the developer is selling the said plot as the buyer has not come ahead with the sale deed & the conveyance of the plot. They have agreed to pay us the full & final amount of the plot we had paid.
Now the issue is, how can the developer sell the plot? Is it legal? Also the price of the plot has more than doubled now, so what should be appropiate settlement of the above situation?
Please help.
Devajyoti Barman
(Expert) 03 July 2011
If you have bought the plot in absence of the rightful owner then the deed itself is a non est and in that circumstances it would be wise to get the money and close the episode.
You would gain nothing by running after the developer.
ajay sethi
(Expert) 04 July 2011
1)whether payment has been made by you by cash or cheque .
2)whether builder has issued you a receipt acknowledging that amount has received in respect of purchase of the plot ?
3) whether any agreement was entered into with the owner of the plot. ?
4) whether agreement for sale was properly stamped.?
in the absence of detailed particulars it is difficult to answer your query .
Shashank
(Querist) 04 July 2011
@ Mr. Ajay Sethi.
Thanks for your reply.
The total payment is made by cheque.
The builder has issued receipts for the same & the receipts are bearing the name of the holder alongwith plot number & scheme.
No agreement was made with the promoter in this case.
The receipts & the cheque details alongwith bank statements are all we have.
Thanks
