Upgrad LLM

possession of a flat


We are staying in a flat since 18 years. We have all the documents such as agreement and possession letter but the But 4-5 years back the builder sold our flat and got it registered in someone else's name. We spoke to the builder and he agreed to do it in our name after some days but he fled away. Now the party who purchased our flat trespassed in our house. We are worried because we did not get the flat registered due to stay in our area brought because of other case and then due to financial issues. We have filed a case on this matter in the civil court against the builder and the purchaser.
Pl let me know what are the chances of winning. We still have the possession of our flat.
 
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Litigator GROSON ADVISORS

dear  concerned,

please provide the under written information,

do you have the registered documents executed by the builder and the purchaser? if not, get certified copies. 

when you get the certified copies or if you already have them, what does it give about the ownership?

what civil suit has been filed? what reliefs have been claimed? you must take injunction order. 

what do you mean purchaser has trespassed?

 

 
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we have the purchase agreement but did not register the agreement as there was a stay in our area and we were told not to register since we will have to pay again and register the flat again. When the stay ended.. and we went to register, the builder always gave excuses and reasons why he couldn't come to register the flat. But when the builder sold the flat to second person without telling us he registered the flat in his name. secondly, when we spoke to the builder as to why this was done, he promised us that he would register in our name and give the second party another flat. but the builder fled away. Now since we had the possession, the 2nd party trespassed in our house with over 15 people when I was alone. for which we also have filed a criminal suit.
 
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Property goes to that person who has better title on it.

Due to long period of stay, you have better title on property.

Also since you have builder-buyer agreement and possession letter with date, you are the rightful owner but you should have filed a suit immediately after the property was registered in the name of someone else.

Injunction should be filed to prevent wrongful entry of new party and to stop trespass. 

File a criminal case against the builder for trying to cheat you by accepting money from you and getting the property registered in someone else's name. File a complaint against the new party as he has no right of forceful entry even if he shows rightful ownership transferred from builder.

 
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We have filed a criminal case against the purchaser and a civil suit against both, the builder and the purchaser. Also filed a case in the registration court where the opposite party won due to influence. Will the registration courts decision or order influence the civil courts decision? What are the chances of winning the case?
 
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Litigator GROSON ADVISORS

Dear Concerned,

There are alot of factors that decide the winning of the case, but generally, in cases like you mention, you have a good chance of winning, if you have disclosed all the information before the court and nothing material has been concealed.

What is the order of the registrar? Can you share the image or pdf?

Regards.

Aditya Grover

GROSON ADVISORS

www.grosonadvisors.com

 
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advocate/director

Ms. Swarupa,
The agreement and your physical poswssion itself holds good in your favour before the courts irrespective of the property being sold to another buyer which issubsequent.
Hence according to the rule of Law you hold a deemed title. As the builder has also accepted a token amount from you and since he has not opposed your stay the last 18 years and neither did heapproach the court forspecific performance you hold a favourable chance .


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
 
Reply   
 
advocate/director

Also file acrominal caseagainst even the builder for double registration.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
 
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