Property dispute
SATINDER
(Querist) 18 March 2015
This query is : Resolved
Hello Sir, Kindly guide me on my following query:
My brother had bought a builder flat 3 years back in South Delhi through Power of Attorney. The land in which the builder has built the building was a property of some other person who is also real brother of the builder. The builder before construction did agreement and took NOC of the actual owner and other family members of the owner. After completion of construction, the builder gave the share of actual owner as per agreement and sold the flats which came in his share.
Now dispute arise when the wife of the actual filed a suit against the builder and the other residents of the flat in the same building on the ground that the builder illegally and wrongfully took NOC from her and her children and the agreement to construct building on the land is illegal. The wife of actual owner is alleging that signature of her husband and her children was taken by misleading them and refusing to accept her signature on the NOC. She is demanding to get all flats (the suit property) back and praying for treating the agreement and all other documents as null and void.
MY QUERY IS THAT WHAT REMEDY IS AVAILABLE FOR THE OTHER FLAT OWNERS OF THE BUILDING WHO BOUGHT FLATS FROM THE BUILDER THROUGH POWER OF ATTORNEY. MY BROTHER IS ALSO ONE OF THE FLAT OWNERS. HOWEVER, IN THE SUIT FILED BY THE WIFE OF THE ACTUAL OWNER HAS NOT MADE A PARTY TO MY BROTHER BUT THERE IS A LIKELIHOOD OF MAKING HIM A PARTY IN FUTURE. THE ACTUAL OWNER OF THE SUIT PROPERTY IS EXPIRED NOW.
REGARDS
Advocate Kappil Cchandna
(Expert) 18 March 2015
Sir,
He is not required to be made a party, even if he be made a party he has to simply deny the facts for the want of knowledge .... Yes the wife of the actual owner can get compensation from the builder and your brother has nothing to so with it .... Because his title I clear ...
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 19 March 2015
@ Satinder,
Donot worry, nothing wrong in selling/ purchase of builder floor since the builder has taken requisite legal NOCs from the owner of the plot, without involvement of his wife and children, which is not required. The wife/children of owner of plot have no locus standie to file any case/ claim.
Rajendra K Goyal
(Expert) 19 March 2015
Agree with the expert Dr J C Vashista ji.
ajay sethi
(Expert) 19 March 2015
agree with expert Dr Vasishta it appears to be tactic to extort money from builder
SATINDER
(Querist) 19 March 2015
Many many thanks Sir. Highly grateful.
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
The builder seem to have sold the properties on the basis of power of attorney agent and also a valid NOC was obtained, hence the builder who has been impleaded as defendant shall be liable to challenge the case appropriately, be in regular follow up of the case so that you are not taken by sudden surprise over the developments at a later stage which may be detrimental to your genuine purchase.
