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Flat land declared as Porambike after ten years.
01-Oct-2023 (In Property Law)
Me and my brother had jointly purchased a flat in 2005 for 35L and i just found out that I can't sell or lease this property coz it is declared a Poramboke land as per a gazette notification.
The property is now valued at over 1Cr.
It's lying vacant as we had shifted out somewhere else.
Can I sue the builder, as in the sale deed, he has promised that the title of the land is clear and free from any encumberence.
If I can sue him, then can I approach a consumer court and for what amount do I sue ?
Hi
Technically you can sue the builder in consumer court and ask for current market value as compensation for 35 Lakhs Paid in 2005 .
In addition to compensation you are eligible to claim damages from the consumer court.
I presume you are from andhra pradesh/ Telangana.
If you are from either of the state, did you or the builder approach for regularisation under Land Regularisation scheme and Building Regularisation scheme?
Hope this helps
Technically you can sue the builder in consumer court and ask for current market value as compensation for 35 Lakhs Paid in 2005 .
In addition to compensation you are eligible to claim damages from the consumer court.
I presume you are from andhra pradesh/ Telangana.
If you are from either of the state, did you or the builder approach for regularisation under Land Regularisation scheme and Building Regularisation scheme?
Hope this helps
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Yes you can approach consumer court (National Consumer Forum). As the property is worth over 1 crore, you can claim another 50 lakhs as damages for mental harassment and mental agony. If you wish, you could also a lodge police complaint against him and ask the police to register an FIR under sections 420, 506, 406 etc. For this, you may need to make sure that the police are upright and willing to help you come what may. Registering an FIR may work as a pressure tactic as he is a builder and has a brand and his reputation will be at stake if any criminal case is pending against him and may settle the amount.
Helpful?
25+
25+
Adv. B. Srikiran
Hyderabad | 500+ Answers
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