nature of title
HARISH
(Querist) 20 October 2010
This query is : Resolved
If a housing society allot a Flat to a person Mr A by issuing a share as well as possetion of flat by taking the full consideration.The person A has been residing in the flat for last 2 years. now the Mr A find a fact that there was a dispute between the Mr B to whom society had alloted the same flat but due to non payment of full payment by B, society had not alloted the flat to B and also not refunded the money recd from B aboutRs12 lacs against this flat. Now B had lodged a case under Unfair trade practice in CCI against the Housin society for either alloting the flat or to return the money paid by him with Interest.
My query in this case is as to what would be the position of Mr A here , whether he would be treated as a Bonafide Buyer here as the society did not tell any thing about the allotment of this flat to B before alloting it to A, or in case of any default from society side can make mr A may beliable for any liability.
Devajyoti Barman
(Expert) 21 October 2010
The key to your answer is whether the society has registered the flat in favour of B or not. Mere allotment in lieu of earnest money will be of no help to B as agreement for sale does not create any interest in the property in favour of the proposed buyer. Moreover you are a bona fide purchaser without notice.
