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Devesh Joshi (Accountant)     29 July 2020

Property Under-construction to be transferred or not

Hello Sir,

In October 2016 my father select Builder Floor property in Delhi which was under construction for INR 35 Lakh and till December 2016 he paid INR 25 Lakh and as per the Agreement to Sell with Builder he need to complete the property and give the possession in March 2017.

In between that time there is some dispute happened in property and we are not aware about that the dispute and property was Sealed by the MCD.

The property is under litigation in Tis Hazari Court and the Court gives Abolished the building in 2019.

Sir after retirement my father paid his lifetime capital to the builder but till July the property is not completed. I don't know how much time it will takes to complete the same.

As per the Agreement to Sell which is happened in INR 50 Stamp Paper can we file legal suite against the builder.

The amount paid to Builder INR 24 Lakh by Cheque and 1 Lakh by Cash.

In between that years I have purchase a builder floor which is in my name.

Sir Can my father transfer the disputed property in my name so that I can file the suit because my father is not in this situation that he travels during Covid 19 situation as he is 65+ age.

Sir please suggest your valuable feedback so that we can get the property or our money back.

Also suggests If my father gift this property to me or sale the disputed property to me so that I can paid the remaining balance or any other suitable situation.

Thanks in Advance

Devesh Joshi


 4 Replies

G.L.N. Prasad (Retired employee.)     30 July 2020

Always contact a local advocate for getting precise guidance, as you may not be the only one, and the others might have already approached for a remedy and joining or impleading yourself may save your time, he may also suggest a POA suitable to your needs.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 July 2020

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

2. Father can give Power of Attorney in your favor, to enable you to represent him in court, for the above purposes

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

P. Venu (Advocate)     30 July 2020

What do you mean by "the Court gives Abolished the building in 2019".


Devesh Joshi (Accountant)     10 August 2020

Thanks to all for valuable suggestions. I'll keep in touch with some lawyer.

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