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Pvt_RajKing (Private)     03 January 2012

Who is in posession of this villa?

A friend of mine bought a plot+villa via sale cum construction agreement. The builder executed the sale deed for the plot and gave possession of the plot (in writing in sale deed). After that the contruction continued and towards the end they got into dispute due to breach of contractual timelines/terms... the house was to be constucted within 15 months or else the builder was to pay Rs.30K/month as rent which they didn't.... The house is 90% completed...

Now the builder says I am in posession while the owner(my friend) says I am in posession since the plot's posession was given to owner by the builder (in sale deed)  which has not been taken/given away by any contractual terms.

I think the builder is trying to pressurize the owner to cough more more money by claiming posession...

Given the above fact who is legally in posession? (as per the law).

Thanks



Learning

 3 Replies

Pvt_RajKing (Private)     03 January 2012

What I have frther learned is this...

An agreement to contruction is merely a 'licence' or permissive and thus legally the builder can never stop the plot owner from entering the house. Here is what someone has observed:

"In the case of a “Licence” granted by an owner of an immovable property in favour of another person ie., the Licensee, the licensee is only permitted to carryout certain acts, deeds and things on the owner’s immovable property. In such a case, the legal and physical possession is with the owner only. "

So, unless the plot owner explicitly gives absolute posession of the plot to the builder, the implicit posession by the agreement is only a licence to construct and thus cannot be used to oust the physical and legal posession of the owner.

What do you all think?

Anz A. (Associate)     09 January 2012

Where is the property located ? City and State ?

Pvt_RajKing (Private)     09 January 2012

Hyderabad/AP. Not sure if that maters..


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