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.
adv. rajeev ( rajoo )
(Expert) 03 July 2011
Now you cannot do anything, except requesting him to refund your money, because you have no documents to show that you have purchased the property from the developer. If you had agreement of sale, on the basis conditions of AOS at least you could have gone for specific performance of contract.
Kirti Kar Tripathi
(Expert) 03 July 2011
Whether any agreement to sale is existing.In case,you have any such agreement is existing,you can go for suit of specific performance
Y V Vishweshwar Rao
(Expert) 03 July 2011
On the basis of the Receipts for payment to Developer and Sale agreement -you can claim refund of the amounts ! if Developer violated any Sale Agreement Terms you can also claim damages - Sale agreement terms to be verified and the same have to be relied !
