Upgrad LLM

builder have not honoured sale deed


Dear sir,

I have sold my property in Nagpur via SALE DEED in May 2012 to a a builder along with his partner.

Payment was made to me through a DD and three post-dated cheques (Jul 2012, Sep 2012 and Nov 2012). I am also allotted a flat in the apartment to be built by the builder.

Please note,  all the post dated cheques have bounced and have NOT been  honored till date.  Also, so far the apartment construction work has not started.

As I am in Bangalore, I am unable to follow-up and have not taken any action and trusting the builder's empty promises who has cited internal issues and legal problems with his partner as the reason for the delay.

MY QUERIES:

01. Please let me know, what I should do?

02. Does the builder have any right to sell off the property without my consent to anyone?

03. Can I sell my claim in the allotted flat in the apartment to a willing party with the consent of his partner?

 
Reply   
 
Advocate

You have raised multiple doubts, which needs to be clarified 1st. (1) You have already executed a Sale Deed for the said property and hence you have no right on it., but subject to the following conditions. (a) You should say whether the PDC were mentioned in the said Sale Deed or Not. (2) If mentioned, whether  a clause stating that " the said cheques have received subject to its honour" or not. (3) If you have taken any steps, after return of the said cheques or not. 

  It is the only remedy to file a suit for recovery of the sale consideration amount.Your case needs personal verification of documents. Otherwise, it is not so easy to give reply. The doubts should be clarified in detail.

 
Reply   
 



Dear Mr.Baala,

Thanks for your reply.

Wish to inform you that the post-dated cheque details are clearly mentioned in the sale-deed.

However, after the cheques bounced there was no action taken by me and relied on the assurances of the builder to honor it.

Also, please let me know, if I have the rights to sell the allotted flat (1500 SQ.FT) to a party willing to buy with the consent of the builder's partner who is also mentioned as a stake holder in the sale-deed.

 
Reply   
 
Founder Chairman of Global Lgal Services

Your file suit for cancellation of sale deed alternative recovery balance of sale consideration, you stated apartment work has not yet started in that  case you better to file for  cancellation of sale deed. unless construction is made you can not sell 1500 SQ.  FT.  contact: GLOBAL LEGAL SERVICES,  Cell No: 9290673693.

 
Reply   
 
Founder Chairman of Global Lgal Services

Post Trial message.

 
Reply   
 

Dear Mr.Kolla,

Thanks for your reply and the adivec therein.

Wish to clarify/inform that one party is interested in buying the flat allotted to me by the builder and his partner.  Also, the builder's partner is ready to give his consent for the deal.  Can I go ahead and sell my claim of the flat ad measuring 1500sq ft.?

 
Reply   
 
FIN

Same query:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=150154&offset=1

 
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