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faizzi (student)     11 July 2013

Purchased flat in daman, but not registered

We are residents of mumbai city.

in the year 2008, we had purchased a flat in Daman (U.T) from a person who happened to be a property dealer (agent).

the building was newly built in 2007 and as per the dealer the flat was owned by a person in South Africa, so registration was not possible at that time, and the dealer had the power of attorney of the flat. It was agreed that the registration will be done as soon as the owner comes to India (he was suppose to come back in some months)

Later when we tried to contact the dealer several times, he is only making false promises and giving dates and false reasons.

there was no issue in the possesion of the flat, he kept his word and handed over the keys as soon as the agreed amount was paid. the entire amount was paid by cheque obviously the money was white.

Now, i got to know that the flat was not registered on any one's name since it was built. so the flat is in the name of builder.

It has been 5 years we are contacting the dealer to register the flat on My name but he wont answer.

What i want to know is...

1) what legal action can i take against the dealer ?

2) what is the process i can register the flat in my name ?

3) can i directly contact the builder and ask him to help me ?


thank you


 2 Replies

Kishtaiah (Advocate)     13 July 2013

Yes, do contact the builder and verify, if at all that flat was sold under any instrument for valuable consideration leaving no dues? has the possession been duly delivered to any by the builder?   If so why builder so far has not registered the flat in any name?  Was it originally on hire purchase scheme paying instalments over a specified period and possession for dwelling was given and then scheduled to be registered on receipt of total payment of the flat price?  What exactly is the reason please find out.  However, what was the document between you and the property dealer(agent) and was it legal ? Have you verified legality of the Power of Attorney of the property dealter subsisting at the time of your deal in all respects?  You said keys are handedover... have you physically entered into its possession and holding it uninterrupted as of now? Please hire an advocate and pursue.

faizzi (student)     08 September 2013

@ kishtaiah

i have no clue about the builder and the party first purchasing the flat, its probably just a fake story said by the person who sold us the flat.

Mostly the deal was through email and phone, payment was all in cheque.

he handed over the keys as he promised on date as part payment was made.



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