Have rights to claim house
4 years ago
My husband bought constructed house in 2009 September from a builder. In June 2018 we received a court order which stated that final warning for demolishing the house. Then we came to know that the site belongs to somebody. Before we bought the house itself, a case is filed against our builder by land owner. He hidden all the details and changed the plot no, sold to us. He didn't attend the case. Judgement is favoring landowner but not given permanent injection. We didn't receive any legal notification regarding this from court since 2009 as they sent to our old house address . But my husband name included in the defendant list . Now we have filed a FIR against the builder. Document says that sites belongs to land owner. By staying in the house for ten years and unaware of the legal issues, can we have rights to claim our house? Kindly give advice.
You can get restrain order by filing DV case by which you can continue your stay in the said house without any problem.
Thanks.
Shreyash Mohta
Responded 4 years ago
You being the bonafide purchaser is at total risk as you said that the site is owned by someone else.
Technically the building is illegal. However, please do get an immediate stay order from the court which restricts anyone from demolishing such building. Also, Make the builder compensate for the same and pray for specific relief. So that he becomes duty bound to either compensate you enough so that you can live in another house or that he provides you with shelter.
Thanks
Rameshwar Dadhe
Responded 4 years ago
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