Property RESOLD by Builder with an active Tripartite agreement
29-Apr-2023 (In Property Law)
I bought a property with a builder in Greater Noida in 2010 (worth 48L). There was a tri-partite agreement between me, builder and the bank. I have been paying the EMI for this property due possession in 2014. Which has not happened yet, lately the builder sent a interest in the demand letter from day 1 after sending multiple demand letters with no interest of delay & mentioned in all these demands in print that its inclusive of all interests. However, in the second last demand in 2013 he charged roughly 3 laks as interest on delay. To which I filed a case with District court then when it was dismissed on grounds of jurisdiction. I filed the case again with State Commission in Delhi (against cancellation sent to me by builder & ensuring no third-party interest on the property are generated) that case is still running. However, my friend from India sent me a picture of someone else name on the property when I investigated further and informed the bank. The bank informed that the propert
it appears that your property has been sold by the builder to some third person without your knowledge and/ or consent. if that is the case, you have two effective remedies available:
1. file a criminal case against the builder taking the grounds of fraud, cheating, etc. this will help you in making the builder answerable as to how he could sell a property allocated to you, to someone else.
2. file a consumer case before the state commission contending that due to the illegality committed by the builder, you have suffered grave prejudice and hence you are entitled to compensation.
however, since purchase of property is always documented, the terms and conditions agreed between you and the builder have to be perused before giving you an effective advice.
1. file a criminal case against the builder taking the grounds of fraud, cheating, etc. this will help you in making the builder answerable as to how he could sell a property allocated to you, to someone else.
2. file a consumer case before the state commission contending that due to the illegality committed by the builder, you have suffered grave prejudice and hence you are entitled to compensation.
however, since purchase of property is always documented, the terms and conditions agreed between you and the builder have to be perused before giving you an effective advice.
Hello, this is Advocate Anupam Kumar Mishra.
I received an enquiry from you for your legal issue. Please let me know how can I help you. I handle all types of cases in all courts of Delhi. We provide most customised and reliable legal solutions as per your needs and requirements. Feel free to contact me for a free case evaluation and an appointment for a face to face discussion.
Thanks and regards,
Dr Anupam Kumar Mishra.
(Advocate).
I received an enquiry from you for your legal issue. Please let me know how can I help you. I handle all types of cases in all courts of Delhi. We provide most customised and reliable legal solutions as per your needs and requirements. Feel free to contact me for a free case evaluation and an appointment for a face to face discussion.
Thanks and regards,
Dr Anupam Kumar Mishra.
(Advocate).
The query raised by you is not complete. However, it seems that the property you bought is reflecting someone elses name. We shall have to see the status of your case and we shall demand a clarification from the buyer in this regard, after which we shall be in a position to take recourse to our legal remedies.
Query perused. I would like to have certain clarifications , do let us know whether there was a stay order from creating any third party interest in the matter subjudice before the state commission. For further consultancy and legal services you may contact us.
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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