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Thyagaraj (Self employed )     21 October 2023

Builder sold flat to 2nd purchaser

Dear Advocates,

I require your valuable assistance regarding a complex property dispute, and I'd appreciate your guidance on the following points:

  1. In 2016, I purchased an under-construction flat using a sale agreement and a construction agreement, with a loan from a financial institution. The property's title deeds, including an unregistered sale agreement, construction agreement, and tripartite agreement, were deposited with the sub-registrar, and the transaction was documented.

  2. In 2019, the builder executed a sale deed for the same property in another buyer's name without my consent, altering the flat number slightly.

  3. In 2021, when I requested the completion and possession of the flat, the builder claimed financial constraints and registered the property in my name, with the unfinished work left for me to complete.

  4. During preparations for housewarming, a third-party banker took possession through a court notice, using the Sarfaesi Act. This was due to the first purchaser's loan default, despite my efforts to regain ownership.

  5. I lost the case in the Debt Recovery Tribunal (DRT) because the DRT declared the second purchaser as a bona fide purchaser due to holding the first sale deed.

I need your guidance on:.

  • Citations or examples of similar cases to protect my rights.
  • The applicability of Section 53 in this situation.
  • since I have done my part completed as per agreement I have paid full amount to the builder while getting into an agreement 

I am grateful in advance for your assistance.

Best regards,

Thyagraj



Learning

 1 Replies

P. Venu (Advocate)     24 October 2023

In my understanding, your remedy lies against the builder through civil and criminal action.


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