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Arjun   05 May 2018

Kerala apartment law: who owns true ownership of the land?

I own an apartment in Ernakulam (1 among 96 flats , 4 Blocks- 24 flats in each block). When we occupied, our apartment and everything was free from any kind of encumberance and legal cases (we bought in on 2008). However, later the builder happens to engage in fraud and many cases were filed against the builder from different parts of the state (Kerala).

When we pay land tax now, there is a remark, mentioning there are cases against the said thandaper (rent roll, the document number of the land). The village officer said that the land is owned by the builder and thus any attachment cases against the builder will result in our land, where our flat situtates can be also affected in the dispute.

We checked the past 30 years encumberance for our property and it is totally clean.

How do we make sure that our flat is safe and non-attached and to get a clean land tax receipt with no remarks? Though, the ownership of the land rests with the builder, as per my basic understanding, we also get 0.7% share of the total land and we didn't make or created any legal/financial cases against the property and how come the burden of the attachment cases against the company, we became the victim?



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