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I went to see a flat on Nov,2024 liked the flat gave out 1Lakh as toke
05-Aug-2026 (In Property Law)
I went to see a flat on Nov,2024 liked the flat gave out 1Lakh as token to the builder for the flat he mentioned that he holds the ownership, while I was looking for home loans from the bank after few months I get to know that flat was sold to someone who couldn't pay his Emi and it was sealed by bank Knowing the fact builder still saying that I am the owner and without my signature you cannot buy it .I followed auction and did win it I got possession now builder is asking 2L illegally
I can help you assess the builder's actions, recover the Rs1 lakh token amount if legally recoverable, and advise you regarding the builder's illegal demand of Rs2 lakh after you lawfully purchased the flat through the bank auction. Please share all relevant documents so I can guide you on the appropriate legal remedy.
Helpful?
Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Based on the facts stated, you appear to have a valid claim against the builder. If you paid ₹1 lakh as a token amount based on the builder’s representation that he had authority to sell the flat, but the property was already mortgaged or subsequently sold and later auctioned by the bank, the builder may be liable for misrepresentation, cheating and unfair trade practice. If you have now legally purchased the flat through the bank auction and obtained possession, the builder cannot arbitrarily demand an additional ₹2 lakh unless there is a valid written agreement creating such liability.
Preserve all evidence, including the token payment receipt, bank records, WhatsApp chats, emails and any recordings. Send a legal notice seeking refund of the token amount and restraining the builder from making illegal demands. If the builder continues to harass or threaten you, you may file a consumer complaint for deficiency in service and unfair trade practice and, depending on the facts and evidence, also consider initiating appropriate criminal proceedings for cheating. Consult a local property lawyer with all documents before taking further action.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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