Real estate - I bought a flat in joint name with my wife

1 year ago

I bought a flat in joint name with my wife , since 8 years i am using this apartment , now when I wanted to sell it and already got a buyer , i came to know from documents that the apt was sold on registered agreement on some one else s name too, . I cancelled my deal. Builder had took an advance amount from someone and registered his name aswell, later the builder sold it to me. Now I cannot sell the apt till that other fellow signs the document in front of the registrar . I requested many times with him to sign the document but he refused. He wants me to give his amount with 8 years of interest then only he will sign the document.
How am I liable to give him the amount. I was totally unaware of the deal between the builder and that fellow

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Subhashis Paul

Responded 1 year ago

A.First of all, the ownership of the building lies with the person who have bought it first from the builder and done registry... If you are not the first owner then you cannot buy the said property from the builder once it has been sold to someone else as the builder is no more the owner of the said property. Moreover, if you have to buy the said property then you have to buy it from that person only who have owned it from the builder previously since he only has the exclusive right of selling that property by virtue of registering a sale deed since he is the sole owner of that property. Other documents shall stand null and void. You may immediately file a consumer complaint against the builder for committing cheating and fraud upon you.

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