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Builder gave me letter that I cannot have possession of shop


05-Mar-2023 (In Property Law)

I purchased a shop from Mr A in resale who had paid 90% of the payment to builder & I paid balance amount Mr A had signed a allotment of shop space agreement with the builder and clause no 6 stated that flat buyers agreement will be executed in companys standard form The builder gave me a letter stating that possession of the shop was given to me on 01.12.1977 & is owned by me The shop buyer agreement which was to be executed in builders standard form was not executed Delhi apartment act 1986 section 4 states What is my status regarding this purchase

Answers (3)

Answer #1
912 votes
You are talking about a very old document and even i hope you are enjoying the possession . You are in conflict with title of ownership. Without seeing your complete document any sugetion will be worthless.
Thanks and regards
Answer #2
927 votes
The question is whether you have the possession of the shop or not. Such cases can be taken to Consumer Courts and you can either claim refund of your money or possession of your shop. If such a case is filed then all the documents regarding the resale of the property and the possession needs to be filed.
Answer #3
890 votes
whether the sale deed has been executed ? if yes, then in whose favour? if sale deed is executed in favour of you, then you will be the owner of the property.
If the apartment under society act, then you should replace the membership with Mr.A.
If the agreement is necessary (after seeing all the clause/documents) , then you can sue the builder under Suit for Specific performance.

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