Property sold to 2 buyers
Keyur
(Querist) 15 November 2013
This query is : Resolved
The builder sold the property to 2 person by way of registration.Both the parties has done the registration.Now when second party has come to take the possession was shocked that somebody else was doing Interior work in the flat.Now after conducting search it was learned that property was sold by way of sale agreement to each of them and both documents are registered with Stamps Office.Now when enquiring with the builder, every time he is givin excuses that he will allot some other falt in same building, but now 2 years has already gone and nothing is done in that and he is also not giving any confirmation.
Now what would be the time limit in which I will have to file criminal and fraud complaint against him?
what remedy can I expect as I am cheated by the builder?
Flat is in my parents name who are senior citizens.
He had left penalty and interest clause balnk in the agreement and entire payment was made before the date of entering into the agreement.
Please help and guide me what to do??
Rajendra K Goyal
(Expert) 15 November 2013
The first Registered sale agreement would be enforceable. Criminal as well as civil case be initiated against the builder. If you are first registered sale agreement holder file case to declare the second sale agreement as null.
Rajendra K Goyal
(Expert) 15 November 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Property-fraudlenty-sold-434751.asp#.UoYf_OKLq_I
http://www.lawyersclubindia.com/experts/Flat-sold-2-buyers-434756.asp#.UoYgH-KLq_I
prabhakar singh
(Expert) 15 November 2013
Please stop repeating the same query time and again.
As regards to criminal case FIR should be lodged at once.
A civil suit limitation is only 03 years.
Between two rival documents in question ,the one that was executed first would prevail.Not the 'registration' but the 'execution' is crux in such circumstances.
