Builder started construction w/o making full payment. How to recover?
A builder has started constructing floors on our plot without getting the plot transferred in his name as he has not paid us the balance amount for the plot. We sold the plot to him for 17 lacs out of which he paid 5 lacs and the remaining was due to be paid in June 1st week.
However, he had started construction and is about to complete the same shortly wherein he is not paying us the balance amount. How should we stop him from further construction and recover our balance amount?
Also, if we haven't transferred the plot, are we the legal owners of the floors as well?
First of all, we would like to know how did the builder get the possession of the plot. If you entered into in an agreement to sell the plot to the builder we will like to see that agreement so that we can advise you better.
You can file a suit for possession and permanent injunction against that builder for not honoring the agreement to sell, as in that, a date must be given for the full and final payment by him to you.
You can also file a suit for specific performance against that builder to make him honor an agreement to sell.
Kindly contact us for any further details and action.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Recovery Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Want to file for mutual divorce contested already pending in HC
- What is the procedure for divorce.
- What will be the action of court in 156(3) matter
- Brother broke the marriage after engagement girl filed 420 case
- Property division as my father died 4 yrs back without a will.