Property possession
aditya desai
(Querist) 05 April 2013
This query is : Resolved
DEAR SIR,
I want to know under specific performance act there is any rule that you cannot clame after 3 years for possession?
Also i want to know if any order is pass after 3 years ?
And under what reason and when?
thanks for help..
Anirudh
(Expert) 05 April 2013
Please give your fact situation and then ask your query, in case you need an answer which you can make use of.
aditya desai
(Querist) 05 April 2013
DEAR SIR,
(For my block on 2nd floor ,Hall on 1st floor and shop on ground floor).
Builder give me the possession letter on 2006 for my block on 2nd floor ,hall on 1st floor and shop on groundfloor.i occupied hall and block but practically he shut down the shutter shop no 1 and 2 and he frequently told me the wall is to be build up between two shops.But after 2008 i came to know when he opened the shutter by the third person that he has already sell out the shop to third party on 2007 .So i have give him the notice to builder and third party by lawyer on 2008 AND I FILLED CHEATING CASE ON 2009 AT Borivali .Mainly i have no money as i am retired person, and i spend all money in this property.So can i file the suit for possetion under specific performance act .. in 2013.(ie stay order,commissioner etc in ct court..)I want to know is there any time limitation THAT U CAN'T CLAIM THE POSSESSION NOW.
1)Any order is past that we have to claim the possession within 3 years of time limit..?
2)under what section..
Because builder is saying that u should suit a file within 3 years of time limit.
Please HELP I want to know is there any law that we cant claim the possession after 3 years..
thanks for help....
ajay sethi
(Expert) 05 April 2013
your property must be worth in crores . even in borivili rate is over rs 10,000 prer square foot .
issue legal notice and file complaitn before the consumer forum for deficency in service . since builder has given you posession letter for shop on ground floor but failed to deliver posession you are entitled for reliefs and sek compensation from the builder . what i fil to understand is why were you silent for 7 years ? if posession letter is given but no posession given you ought to have taken immediate legal proceddings
aditya desai
(Querist) 05 April 2013
DEAR SIR,
(For my block on 2nd floor ,Hall on 1st floor and shop on ground floor).
Builder give me the possession letter on 2006 for my block on 2nd floor ,hall on 1st floor and shop on groundfloor.i occupied hall and block but practically he shut down the shutter shop no 1 and 2 and he frequently told me the wall is to be build up between two shops.But after 2008 i came to know when he opened the shutter by the third person that he has already sell out the shop to third party on 2007 .So i have give him the notice to builder and third party by lawyer on 2008 AND I FILLED CHEATING CASE ON 2009 AT Borivali .Mainly i have no money as i am retired person, and i spend all money in this property.So can i file the suit for possetion under specific performance act .. in 2013.(ie stay order,commissioner etc in ct court..)I want to know is there any time limitation THAT U CAN'T CLAIM THE POSSESSION NOW.
1)Any order is past that we have to claim the possession within 3 years of time limit..?
2)under what section..
Because builder is saying that u should suit a file within 3 years of time limit.
Please HELP I want to know is there any law that we cant claim the possession.after 3 years..
thanks for help....
Raj Kumar Makkad
(Expert) 06 April 2013
Your similar query has already been duly replied and do not repeat. Refer to those replies.
