Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

DARSHINI (HOUSE WIFE)     03 November 2011

Related to purchase of a flat

Dear Sir/Madam,

          I have purchased a flat in October 2006 from the builder who has constructed the apartment.The builder has taken a power of attorney prior to the construction of the apartment from the land owner.At the time of registration both the land owner and builder has signed the sale deed.

In July 2010 I have recieved a legal notice from court which was sent on behalf of one person stating that he has given advance before me for the same flat which I have purchased.As he could not give the rest of the amount the builder has not sold the flat to that person.I am not aware of this matter at the time of purchase till I have recieved this notice.Now the builder version is he has returned the advance to the person.I don't know that builder is saying truth or lies.

My query is If builder has not returned the advance to the person who filed the case what legacies I need to face as a owner of that flat ? Will I be penalized for purchasing such flat ?To avoid such problems what we should do before purchasing of properties as the sellers will hide such cases with the buyers. (or)

if builder has returned the advance what legal rights this person will have to file a case ?



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     03 November 2011

have you registered your sale deed, if yes then dont worry about, the first buyer only bother about it.

1 Like

DARSHINI (HOUSE WIFE)     03 November 2011

Yes sir I had made the registration infront of the subregistrar of the concerned area whose docs are in bank as I have taken bank loan on this.

Are you talking about this registration or is there any other registration?Please inform.

To avoid such problems what we should do before purchasing of properties as the sellers will hide such cases with the buyers.

kumar t v s (advocate)     03 November 2011

You were not aware of any prior agreements and you are a bonafide purchaser, so your interests are protected. However you may have to contest the case if summons are served on you.

 

In order to over come such problems in future you may consider giving a public notice about the intention to purchase and call for objections from public interested in the property. 

DARSHINI (HOUSE WIFE)     04 November 2011

When summons has been delivered at my home I was not there so no body took the summons.In this case when sumons are not recieved will I need to face any legal issues.As the property I have purchased and my parents are at chennai and I am working at bangalore so whenever summons are coming to my home I am not available and my parents has not recieved the same.Will this be treated as irrespect to court or law and do I need to face any legal issues?Please inform what I should do?

kumar t v s (advocate)     04 November 2011

approach an advocate ASAP to avoid any complications.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register