90,000+ Legal Questions Answered

Which department in this government proves me that this property is legal to buy? Which department in this government proves me that this property is legal to buy?

5 years ago

Respected Sir/Madam,
Very Good Morning!
I have trusted a Sales Manager who recently became friend and booked a Flat in Apartment where he is marketing one of their projects. I paid blindly 15% of Flat by trusting as he said is legally good and 60 flats sold.
After suggestion from few of my friends, who scolded me and asked me to take legal opinion, I took legal docs from the sales manager and gave it to a known Lawyer to verify them if everything is fine.

The lawyer’s opinion on property shocked me that this is not a good property and illegal based on following points attached to legal documents.
1. This property was a granted land by government for SC/ST which cannot be bought even after 1000 generations because as per Indian Law they can take this property back at any time without any compensation to the purchaser / multiple purchasers
2. Court Order Copy provided by Legal officer on behalf of Builder/owner of property with Judgement in year 1996 is not a permanent solution and may have legal issues in future. Lawyer stated that it clearly shows that SC/ST People who sold their land in year 1968 and after the Amendment act came into LAW in 1978, the same SC/ST people have approached court immediately in year 1979 saying that they are the real owners of the property which court has passed the judgement that this act is not applicable due to SC/ST people sold it before the 1978 Amendment act came into LAW. The present purchased owners and SC/ST people have to bear their own costs and 1978 ACT is not applicable to this property.
3. PTCL Provided by Government is Temporary but not a permanent solution and may have issues in future.


I am a middle class person at age of 40 and this is my first property that I am buying after pooling my money for six years and gave whole money (15%) of the property cost.
1. I am fine to purchase this property if it’s legal; else I want to cancel the agreement.
2. Builder has mentioned that he is going to take/charge 10% of Total cost of flat if I am planning to cancel the agreement which I will be losing my hard earned six years money.
3. Which department in this government proves me that this property is legal to buy?
4. What is the solution to get my money back if I cancel the agreement?

=================
Mistakes done by me
=================
1. Trusting a new person foolishly and making an agreement of buying the flat directly
2. Paying amount to buy without a legal advice
3. Spending sleepless nights with tension thinking how to get my money back


I request a genuine Lawyer to respond back on this. I am fine to provide the legal docs provided by builder.

With Best Regards
Kumar

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly provide more documents to let us look into your case in depth and provide solutions
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

ARPIT BATRA

Responded 5 years ago

A.There are several action plans to deal with with such situations but we would request you to provide more documents to let us look into your case in depth and provide solutions accordingly. Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Without seeing the history of all documents you cannot get accurate advise. On cursory look of your narrations that the owners are at liberty to move application before Asst. Commissioner for restoration of land at any time.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.Office Of REGISTRAR HAS ALL RECORDS OF IMMOVABLE PROPERTIES. For details pl. contact some advocate through vidhikarya.com
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

View All Answers
A.Dear Client, What you need is a good Real Estate Lawyer in your region or close to your region. While the range of laws applicable to real estate laws is extensive like The Real Estate (Regulation and Development) Act, Transfer of Property Act, Contracts Act, Consumer Act, state laws and regulations like Maharashtra Regional and Town Planning Act, Development Control Rules, Standardized Building Bye-laws, West Bengal Housing Industry Regulation Act (WBHIRA), etc. are what real estate lawyers deal with on a daily basis. Recently, the Real Estate (Regulation and Development) Act, 2016 [RERDA], Real Estate Regulatory Authority (RERA) has come into place.
Shanti Ranjan Behera,Advocate
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you can file complaint against the builder or developers as a cheating. U/s 420 of the IPC immediately
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconInheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
question iconEWS Certificate
Dear Client, The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
question iconPOA from SriLanka to India citizen Resident Indian
Dear client, If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.