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Complaint against promoter for reselling the flat.
10-Mar-2023 (In Property Law)
HOW DO I KNOW THAT ANY UNDER CONSTRUCTION FLAT SELL TO ANOTHER PARTY, HOWEVER SAME FLAT HAS TO BE SELLED TO ME COMMITTED BY PROMOTER AS PER NOTARIAL SALE AGREEMENT MADE WITH ME. IF DO SO BY PROMOTER WHAT LEGAL ACTION HAS TO TAKEN BY ME AGAINST PROMOTER. ..PLEASE ADVICE ME.
Please do not believe upon any notarial registered deed, always go for proper registered agreement for sale and registered conveyance thereafter. However, if you find that the flat which has been sold or agreed to be sold to you has already been sold or agreed to be sold to somebody else, immediately lodge an FIR for cheating and criminal breach of trust under Sections 420/406 of IPC and simultaneously lodge case for specific performance of contract and also pray for revocation of the another deed, you can also move to the consumer dispute redressal forum and pray for immediate relief so that you may immediately be put on the possession of the said flat. All the best. Regards.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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However it is not possible to know whether the promoter has sold the same flat to other person also if transaction isn't registered one. However in your case if your agreement is earlier one then you can initiate proceedings against the promoter for registration of flat in your name
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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if anything such happens, then you have to move immediately before the appropriate authority regarding the matter. but you have to collect some evidence regarding the thing to prove it. before anything like this you have to have some information regarding the flat selling to someone else.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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