Builder started construction w/o making full payment. How to recover?


A builder has started constructing floors on our plot without getting the plot transferred in his name as he has not paid us the balance amount for the plot. We sold the plot to him for 17 lacs out of which he paid 5 lacs and the remaining was due to be paid in June 1st week.

However, he had started construction and is about to complete the same shortly wherein he is not paying us the balance amount. How should we stop him from further construction and recover our balance amount?

Also, if we haven't transferred the plot, are we the legal owners of the floors as well?

Answers (1)


114 votes

First of all, we would like to know how did the builder get the possession of the plot. If you entered into in an agreement to sell the plot to the builder we will like to see that agreement so that we can advise you better.

You can file a suit for possession and permanent injunction against that builder for not honoring the agreement to sell, as in that, a date must be given for the full and final payment by him to you.

You can also file a suit for specific performance against that builder to make him honor an agreement to sell.

Kindly contact us for any further details and action.


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