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surendro (n/a)     16 January 2008

Property - Legal Opinion

I own a flat in Hyderabad. The construction began 5 yrs back, and I paid money to the builder by taking a housing loan. In addition to it my entire savings also went towards constructing the flat. The builder kept delaying the construction and is now absconding. I was one among the few who paid the entire money to the builder, the other flat owners completed the construction of the flat on their own as they did not make the full payment to the builder, as a result they are not bothered about taking legal action. The flat is registered in my name, but the land owner is now staking a claim in half of the flat's area saying that the builder had promised to hand over that area of the flat to him. Need help in getting these queries answered:

1. Will the land owner's stake be legally valid?

2. Will I be able to take action against the builder? Can I be compensated for the mental agony as well as the financial burden that me and my family are going through?

Please help.....waiting for a quick response.

Thanks

Deepa


 3 Replies

Prakash Yedhula (Lawyer)     16 January 2008

1) Lodge a police complaint against the builder.

2) You can file a suit for specific performance against the builder to complete the consruction and hand over the flat as per the agreement between you.

3) You cna also file a suit before the consumer court seeking compensation.

4) Regarding the land owner's stake, it depends on the terms of agreement between the land owner and the builder.
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surendro (n/a)     16 January 2008

Thanks for the quick response. Does this mean that the agreement between the landowner and builder has more precedence and the landowner can stake a claim though the flat is registered in my name?

Guest (n/a)     05 March 2008

HI, I WOULD LIKE TO JOIN

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