Flat double registration

2 years ago

I purchased a flat in 2016 and got registered in July 2016. it is done through bank loan. I have received OC, Khata, Bescom & paying Property tax for last 4 years. recently another person has approached me, saying the builder has sold the flat to him in May'2016. He shared EC, there two owner's(Mine & Him) name is mentioned. our apartment doesn't fall under RERA. Now he is filing case in RERA court to claim this flat & find out the Builder. I am staying there for last 5 years, he never visited claiming the same. all of sudden he has appeared in the scene. How long he can go and wht shd be my approach to mitigate this.?

Previous Question

Next Question

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers

A.Dear Sir,
You have to file suit for permanent injunction on the basis of title deeds which you are having. The other party as to establish his title to the property. Sometimes the builders are strangers create such fake documents.

Rate me Five Star*

Helpful

Sidhaarth

Responded 2 years ago

A.You should ensure not to vacate the flat and your possession over flat and papers and home loan prove your title over flat. Mere claim of a person does not matter nor it effect your title. So let him file cases against builder. Your approach should be to remake n in consultation with a competent lawyer and to watch the development and act as per advise of lawyer.

Helpful

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ko police me builder ke khilaf case file karna chahiye. Kyonki yadi aap ke sath aisa kiya gya hai tab yah aap ke sath froud hai.
Vaise aap civil court me injunction ke liye bhi jaa sakte hai.
Agar aap ka sale deed baad ka hai tab vah sale deed void hai. Aap builder ke khilaf recovery ke liye bhi jaa sakte hai.

Helpful

DEV PANDEY

Responded 2 years ago

A.RERA case will not be much helpful for the claimant of your flat . Take all your documents and file criminal case of cheating against builder who sold your flat . Secondly write your bank how their legal section verified the title of your flat before giving home loans .
Third you have a prima facie case for taking injuctiin from civil court .

Helpful

Anik

Responded 2 years ago

View All Answers

A.Hi,
You can approach the court. Please submit all the supporting documents to prove the validity of your purchase. You can produce the tax payment receipts too. You can continue the possession until the order comes from the court.
Please rate my answer
Thank You

Helpful

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can approach the court and produce all the required documents to support your purchase. You have to produce the tax receipts to prove that you have done all the obligations related to property since the day of purchase. Court will take decision in this matter and you will get justice.
Please rate my answer
Thank You

Helpful

Read Related Answers

To landlord - I am staying in this house from 6 years

Dear Client, You can send a legal notice to the landlord and demand to repay the security deposit. In case of inaction from the landlord, you can file a suit under Order 37 of CPC before a jurisdictio...

Addition of Wife Name in new flat sale

Dear Client, An owner who wants to add a co-owner to his property will have to do so by way of creating a new deed altogether mentioning the ratio or portion of the ownership in the property. This new...

Real estate -rera

Dear Client, As the housing project is not registered under the RERA, you have to file a complaint against the real estate company and its directors before the District Consumer Commission under Sec.3...

Apartments terrace laws

Dear Client, The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell...

Tenant Eviction - Rental and Sale Agreement Signed but Expired

Dear Client, Neither a rent agreement nor an agreement to sell confer any ownership right to a tenant or a buyer. On the expiry of the rent agreement, you can ask the tenant to vacate the rented premi...

Read Blogs on Real Estate

WB HIRA vs RERA: What is Applicable in West Bengal?

Essentials of a Builder-Buyer Agreement - Things You Should Know!

Basics of Transfer of Property Act, 1882

Land Grabbing: The Theft of Land

How to apply for probate of will

Real Estate Lawyers

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

Nagpur

Mumbai

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.