Property membership
vijay
(Querist) 28 July 2013
This query is : Resolved
I purchased a resale flat in the registered society which was an under construction building 10 years before, regarding this I had also an agreement “as is where is basis” with the seller which is registered on which I had also paid the stamp-duty charges.
In the registered agreement, I was required to pay the said amount within 60 days of period, otherwise the agreement would stand as null and void, but due to some legal issues the building was also incomplete hence I stopped the payment in a midst.
The seller had immediately sent me a legal notice after 60 days that now since the money it not paid as per the terms agreed in the agreement; they would be cancelling the agreement and forfeiting the paid amount as considering it on the grounds of “Breach of Agreement”
Regarding the same I also answered the legal notice that why I stopped the payment, after that which there was no correspondence for 9 years, even the society did not bothered about this.
The seller is having the original Share Certificate;
meanwhile the Society favored me by issuing a Duplicate Share Certificate against indemnity bond and transferred the shares into my name as I paid a certain amount for the completion of the building.
Now after 9 years the building has got completed and the society members provided me a temporary possession in written to carry on the interior work.
Now the seller has come to know about this issue, and the seller had sent a legal notice mentioning his ownership of the flat and has moved to the court, and got the injunction from High Court to lock the flat, now the flat is in the custody of Court Receiver.
Now the Society is saying that it’s the issue between you and seller, there is no role of ours to take the onus of this issue.
So my question here is,
on what grounds shall I fight back to get my flat ? …and with whom society or seller..?
Devajyoti Barman
(Expert) 28 July 2013
Your remedy lies against the seller not society.
Without wasting time any more file a declaratory suit.
Raj Kumar Makkad
(Expert) 29 July 2013
It is true that the seller has correctly performed his part and now your cause of action accrues only against the society so go ahead accordingly.
prabhakar singh
(Expert) 29 July 2013
What transpires to me that deed you got registered was an agreement to sale and not a sale deed then when notice was inter exchanged you needed to proceed to court but you adopted shortcuts with society.Now it has to be examined if by the registered deed from seller any title legally vested in you are not !?
If it did not then you are in soup as you can not recover money now due to bar of limitation.
GET YOUR DEED PERSONALLY EXAMINED BY A GOOD LAWYER AS ANSWER TO ALL QUESTIONS WOULD BE THAT DEED.
