Builder missing ex-owner of the land asking his land back

I want to get advice if i had deal of purchasing house with the builder. In that extent i payed ample amount to builder in cash and entered into contract with plot owner mr a nd builder. But builder went on misssing and incomplete project. I construct house with my money on plot, but since i paid 50% with dispute nd couldnt go there as of far distance. Ex-plot owner mr a sold my house without my acknowledgement to other party. Now plot is owned by me but mr a took sum amount from other party nd didnt paid me nor inform me.?? I want to resolve dispute, not interested in plot nd want my money back what legal steps i should follow?? If mr a is saying that he is insolvent how can i recover my money which i had paid to builder if i had recceipt as well as legal documents for plot nd mr a has also sold without my concent??

Answers (2)

236 votes

Yes you can definitely recover your amount. First of all you have to give legal notice with regard to default in performance as per contract between you and further more because of his default you have to demand your investment with interest. Thereafter if he is not turning than you can file suit against him for specific performance and recovery of amount. In that suit you can also pray stay against further transfer of disputed property. This is only with regard to civil remedy, more then that you can also file criminal complain under various provision of Indian Penal Code.
One thing keep in mind that for recovery of any amount you have to file recovery suit withing three years of it default.

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341 votes

when you entered in contract, did you made it in written ? is there any witness of that incident ? Is there any proof of making payment ? had land owner transferred the title in favor of you ? by whose name the construction permission was taken ? With which authority he is deciding his solvency ? What type of legal documents you do have related to plot ?

Clarification to all these questions and direct observation of documents which you have can lead to exact solution to your query. But don't be panic, Law has remedy of almost kind of problems.

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