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Sridhar Rao (Proprietor)     20 June 2014

Flat registered in my name

Dear Sir / Madam,

 

I recently got a Flat registered in my name from the LandLord share of the Developer and now the Builder is harrasing the Landlord as to why he sold the property to me without his knowledge.

 

Besides I also got a tenant put into my flat since I have taken a Housing loan and need to pay emi's everymonth

The builder also went to the extent of telling my tenants to vacate the flat and threatened them with dire consequences

 

All this the builder is doing only because the Landlord didn't tell him before selling.

 

How should I protect my interest and also my tenant.

 

Please guide me

 

Sridhar Rao

 

from Bangalore



Learning

 5 Replies

vijay (Business)     20 June 2014

Please state more details on the JV between landlord and builder. Is there any clause on selling the apartments?

Dr J C Vashista (Advocate)     20 June 2014

Show the document of agreement, sale deed etc. to a local lawyer and seek proper consultancy, guidence and advised

Sridhar Rao (Proprietor)     20 June 2014

Dear Sirs,

 

I am going to my lawyer to show him all documents and also taking the Landlord with me to get things clarified.

JV clearly mentions that Out of 24 flats, 10 flats are for the landlords share and balance are for the builder.

 

Regards 

 

Sridhar

Advocate Ravinder (Advocate/Attorney)     22 June 2014

Inspite of mentioning in the JV that Out of 24 flats, 10 flats are for the landlords share and balance are for the builder, nobody has authority to sell seperately.  A tripartate agreement has to be executed.  And after clearance of all the EMIs the registered sale deed should be executed where the vendors will be Landlord and Builder and the purchaser will be put in the purchase column.

 

If the purchaser purchases contrary to the above position, he will be put into trouble and his title will get weak.  It may be rectified later is a different issue.  But right now he will be put into trouble.  For any other doubts contact me ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate)     23 June 2014

The procedure stated by learned Advocate Ravinder does not have any legal implication.  Once the agreement between the land lord and the builder is clear in that aspect, the landlord has full selling  rights over his share of the flats.  It will be illegal that he sold the property in common with the builder and the landlord.  However further proper opinion can be made only on seeing the JV agreement and other conditions.


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