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Builder did multiple sale of one flat what action to take against him
23-Dec-2023 (In Property Law)
I hv purchased a flat in 2012 and got it registered in 2013. In the mean time builder has got it registered to a second party, later this second party has sold it to third party which also got registered. I am d 3rd & last party to get register d same flat on my name. After I confronted the buider, he offered me refund and gave me cheque which got dishonoured. Now how can I get my money or flat. Please guide me the right way.
Whenever you purchase a flat, you need to do a title search. You are deemed to have constructive notice of all the sale and purchases of the property. Since, you are deemed to have constructive notice, you cannot be treated as bonafide purchaser without notice. Therefore you cannot get the flat. No doubt your builder has cheated you, you can proceed with fraud proceedings against him and file consumer case against him for recovery of your money.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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First thing you need to do is immediately get a statutory notice issued with regard to the dishonour of cheque. Thereafter you can file a criminal case for cheating and breach of trust and also file a complaint with the consumer forum against the builder for resorting to unfair trade practice.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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