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How to deal with builder not ready to transfer property


29-May-2023 (In Property Law)
I hv purchase floor on july 2016 & signed agreement in which builder share is 35% & owner 65%, I hv paid 90% to builder according to agreement rest of amt to be paid at the time of registration but after note band work was stop & still nt completed .owner of floor is saying he had given certain amt to builder for building on which he had to pay interest and he will nt transfer property to me unless builder or I hv to pay him what should I do 30% of work is still pending and agreement was made for 6 month which is that agreement still valid coz owner is saying agreement ko book jao. What option are for me plz help me it's my hard earn money
Answers (3)

Answer #1
742 votes
Hi, in this case we have to see the agreement details and clause. Generally you do have a legal remedy in court.
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Answer #2
812 votes
don't wait if the things are going in this way just file a suit for against them in which you can ask remedy from court of law either they will return you your hard earn money or they will give you the possession of the floor after getting the rest of money. need to see your agreement for further advice.
Answer #3
867 votes
You have an option to file a civil suit against the builder with the owner also made as a party for specific performance of the contract, whereby you can ask the builder to complete the flat and offer you possession in terms of the agreement and also seek a direction against the owner for executing the necessary documents for transferring the property to you or in the alternative, you can ask for the money to be returned along with interest. You can also file a complaint before the consumer forum in line with the recent judgements where it has been held that a prospective flat buyer is considered to be consumer and as such competent to file consumer case before the forum.

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