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Rohit Sharma (Student)     25 January 2021

Builder not giving possession

My father purchased a plot in 2012 from Sahu builder in Lucknow. He completed the registry formality but was unaware that he has to take official possession from the builder. Last month when my father reached builde office to take possession he found that there is a boundary wall made on his plot.
After so many arguments builder assure us that he will provide us a new plot at different location but market value of this plot is about 1/3rd of the original plot.
Please suggest me a effective way to gain possession on my original plot.


Learning

 4 Replies

Swati Singh   26 January 2021

You may approch RERA authority for these types and in alternative you may also approch consumer courts, if you bought that property for residential use.

G.L.N. Prasad (Retired employee.)     26 January 2021

Contact a local advocate and first issue notice and keep a record of explanation and facts as evidence before going further into other steps.

Dr J C Vashista (Advocate)     27 January 2021

File a suit for specific performance and/ or suit for possession from builder.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding.

P. Venu (Advocate)     27 January 2021

Registry is not a formality. It is taking  possession that is a formality, once the conveyance of sale has been purchased. To my knowledge, there could be situations of possession without execution of conveyance deed, but law does not contemplate the situation of execution of sale deed without possession.

Please go through the conveyance deed. Perhaps, recitals therein could have taken care of the aspect of possession. 


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