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Builder is not providing property papers, what can be done
20-Jan-2023 (In Property Law)
Hi, 5yrs back we bought a builder's flat in shahdara. We didn't have much info of how about of purchasing a flat. Today we have come to know that the builder didn't build the flat as per map which he got approved from MCD and he has not handed over original documents to anyone of us (we are 4 flat owners). Now I am afraid if the portion which he built out of map will be demolished or not and how can we get back the original chain papers of the property. What are our rights and duties in this case.
Hello,
If registration is done then builder should hand over the papers, for that illegal construction of the flat we need to see all documents, if this particular portion is included in your property then you can always seek for justice to consumer Forum.
Regards,
Jayatee Chatterjee
If registration is done then builder should hand over the papers, for that illegal construction of the flat we need to see all documents, if this particular portion is included in your property then you can always seek for justice to consumer Forum.
Regards,
Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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You should have checked all that and asked for relevant documents before purchasing the flat. Your sale deed needs to be examined thoroughly to see whether or not there is any mention of the required facts before you serve with legal notice through a lawyer and if needful is not done then you may require to file a case.
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Adv. S P Srivastava
Delhi | 200+ Answers
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What original documents are you referring to? The builder is obliged to give you the occupancy certificate, completion certificate, the sanctioned plan of the building etc. Kindly contact with clarity on the documents in your possession.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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Send a notice to him demanding him to provide the original chain of documents. There could also be a possibility of him pledging those documents for some mortgage etc, in which case it would also constitute as criminal fraud.
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Dear Sir,
You should immediately file a case agains the builder for deficiency in services and claim
Possession of the flat and damages for delay in delivery of the apartment. Documents can be sought to be obtained from concerned authorities.
Thanks &Regards
You should immediately file a case agains the builder for deficiency in services and claim
Possession of the flat and damages for delay in delivery of the apartment. Documents can be sought to be obtained from concerned authorities.
Thanks &Regards
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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The builder who has build the flat if it's not as per specifications then I'm sure it may create hurdles in future ,Therefore to avoid the same is the right Decision therefore we can move by two ways firstly we can seek recovery of our principal amount along with interest prior to filing of suit and also pendenlite and future interest as well.We can also seek specific performance of the contract as well but this can be done on fresh cause of action if lately it has arose.Thereafter you also have remedy for filing complaint under criminal breach of trust and cheating and get FIR registered.Therefore for the same 156(3) can also be instituted.These are the remedies for further details please contact Thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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