Property dispute

A Thirunavukkarasu (Querist) 08 February 2021 This query is : Resolved
Joint venture was signed by PoA of a joint family with a builder for providing 7 Flats to owner retaining 9 Flats as cost of construction, etc. The builder took loan from bang against the property and cheated us as well the bank. We filed civil suit against the builder. Now one member of the family ask to settle his shares. How to settle his share when the matter is in court. Kindly guide me

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A joint family entered into a development agreement with a builder, who subsequently took a loan against the property and allegedly defrauded both the family and the bank. A civil suit has been filed. Now, one family member wishes to settle their share, but the matter is still before the court. The advice given is to consult with your advocate, as they can provide the best guidance given the sub-judice nature of the case. It's suggested to explore options with your lawyer, including potentially filing a criminal complaint for cheating, and to consider waiting for the court's outcome for a more beneficial settlement for all involved parties.

P. Venu (Expert) 09 February 2021
The matter is sub-judice. It is your advocate who can provide you the best opinion.

krishna mohan (Expert) 10 February 2021
Is the and is under your custody or handed over for development to builder. Normally the undivided share sale proceeds is realized to owner in set proportion if no value is received at the time of agreement. Better consult your lawyer with all title deeds and explore ways to file a criminal complaint on cheating for faster remedy if civil case is not yet filed. Regarding settlement better for all interested parties to wait for out come of the case for beneficial solution.

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