Legal Question in Civil Litigation in India

Builders non-compliance

I had purchased a flat by remitting full amount to the value required by the builder in April 2006 and registered the UDS also which the builder did as a capacity of Power Holder on behalf of the landlord. Later on after taking the possession in the mid of 2008 i was infoemed by one of the co owner that there is a flaw in the sale deed as one of the share holder in the joint property is a minor and as per the Hindu act the landlord had moved the city civil court in which the court had observed in Feb 2008 that all the sale consideration should be done only after registering the 56 percent to the minor and after two month from the court order. There are totally 12flats and a commercial space in GF for which the LL had got the full GF and two flats in FF. Out of 10 owners , one had done the registration in April 2008 and the rest had done in the Year 2006. Out of 8owners, one owner had threatened the builder, do not know how, for whom he had reregistered in October 2008. So we 8 owners are running from pillar to post and the builder is not at all yielding kindly help me in what law i can ensure that my doc is corrected.


Asked on 12/30/08, 4:27 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Builders non-compliance

The defect in your document / title may possibly be cured only by a court order. You may choose to wait for the builder to take necessary steps.

You may need to engage a local lawyer and consider filing an application in the pending case in which court's permission about minor's share has been sought.

However, your money is safe. If the title is not cured, the buildinger may have to return the entire money paid by you.

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Answered on 12/30/08, 6:03 am


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