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Landlord not allowing for physical possession of Apartment
09-Nov-2023 (In Property Law)
I purchased the flat from builder by registered sale agreement in Ranchi jharkhand and the same has been approved by IDBI Bank and sanction my housing loan. After clearing all dues and despite of recieving possession letter from builder . He is unable to give us peaceful possession, every time he give us false date. Later on came to know that because of dispute between landowner and builder I am suffering. Builder told me several time to shift. By taking words of Builder we planned everything for shifting and done puja on the same day.But to my surprise the landlords family create an obligation and told us that we cannot take physical possession though landlord allowed us to do puja. Landlord made a condition to builder that we will stay in builder flat in different block for 2 days so that one flat of landlord share finish. The Builder has finished his share still landlord is not allowing us to enter taking advantage of my innocent. What should I do?
In jharkahnd there is local apartment act. use it for registration purposes. simultaneously you can file cases in consumer forum and criminal case against rhe the concerned landowner and builder.that might help.
Helpful?
22+
22+
Adv. Ashutosh Anand
Ranchi | 200+ Answers
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Venerated Questioner
Blessed myself !!!
As per your question you want peaceful possession of purchased flat from the builder, ergo I would like to inform you that Supreme Court broadly elaborated with respect to delivery of possession of flat inter alia, averred that landowner have very limited rights and he has only right regarding his shares with builder as per the terms of development agreement. You should perusal the development agreement meticulously regarding the role of landowner from the builder, so that you could know the power of the landowner and also it will be easy for you to take proper steps against the landowner and builder. As you averred in your query that Landowner have taken all shares from the builder despite that he is obstructing in the delivery of possession then you are free to file a case against he landowner and builder for breach of duty and cheating and make a pressure over them to fulfill the terms and conditions which is averred in your agreement. Read carefully regarding period of delivery of physical possession of flat, if builder is not helping with respect to physical possession of your flat then you can file a case before Consumer Court for deficiency in service. I also request to provide me documents so that I can assist you properly on the point of law. Feel free to call me
Blessed myself !!!
As per your question you want peaceful possession of purchased flat from the builder, ergo I would like to inform you that Supreme Court broadly elaborated with respect to delivery of possession of flat inter alia, averred that landowner have very limited rights and he has only right regarding his shares with builder as per the terms of development agreement. You should perusal the development agreement meticulously regarding the role of landowner from the builder, so that you could know the power of the landowner and also it will be easy for you to take proper steps against the landowner and builder. As you averred in your query that Landowner have taken all shares from the builder despite that he is obstructing in the delivery of possession then you are free to file a case against he landowner and builder for breach of duty and cheating and make a pressure over them to fulfill the terms and conditions which is averred in your agreement. Read carefully regarding period of delivery of physical possession of flat, if builder is not helping with respect to physical possession of your flat then you can file a case before Consumer Court for deficiency in service. I also request to provide me documents so that I can assist you properly on the point of law. Feel free to call me
Helpful?
14+
14+
Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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dear Sir.....
you have full right to take your share .... if landlord is doing such activity you need to make complain against him.
ask the builder to solve the situation and to give you your flat.
you have full right to take your share .... if landlord is doing such activity you need to make complain against him.
ask the builder to solve the situation and to give you your flat.
Helpful?
12+
12+
Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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