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Saravanan (NA)     17 June 2013

Flat dispute - please reply

I have booked an apartment 1 year back and i have paid all the amount to the builder and taken the possession 2 months back.I got my EB connection in my name and paid the property tax too.

Last week i got a summon from one third party stating that the land in which apartment we reside is under dispute and they asked us to come to the court.

The opposite party is telling like part of thier land has been occupied by the builder and they constructed the apartemt

.My flat is coming in that partail area as told by the opposite party. My builder aggred to take this as thier issue and they are going to meet the opposite party in the court with the help of his lawyer.

 

Now my questions are

1) If the judgement comes against my builder ,what will happen?

2) they are going to demolish my flat?

3) if soo,who is responsible for my amount which i have paid to the builder?

4) what willhappen if my builder turns into silent if the judjement is against us?

5) Also if the case is running for 10 years and if the builder dies before that then who will be responsible for my money?



Learning

 3 Replies

ajay sethi (lawyer)     17 June 2013

1) before purchasing the flat did you not check whether title is clear and marketable . 

2) check your agreement entered into with builder . it must be mentioning details as to property purchased , permissions obtained for carrying out construction . 

3) better engage a lawyer . 

4) if any interim reliefs are granted request the builder to grant you refund of money paid for flat . move consumer forum against the builder . 

1 Like

Saravanan (NA)     17 June 2013

Sir,

I have checked all the possible litigations and got the lawers legal opinion too..I have taken a loan also in Axis bank.....

but still there is a problem....i already started living here ...but dont know what will happen if the judgement goes against us...

Adv k . mahesh (advocate)     13 July 2013

first and foremost contact a lawyer and make him read all the documents and if the judgement is against you then your lawyer can take stay and in mean time try to convince your builder to compromise the other party and settle the issue or as said go against your builder in the consumer court through a lawyer 


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