Legal Question in Real Estate Law in India
In 2004 I had booked an appartment.One of the payment was made through a joint account between my cousin and myseld where I was the principle account holder. I have the agreement in my wifes and my name. Now the builder is refusing to come to register the appartment reasoning that there is an dispute in the payment because one payment was made from that joint account. Currently my cousin has taken the possesion of the flat and is enjoying the benefits? Please advice how i can gain posession of the flat including registration?
1 Answer from Attorneys
14.08.2013
Dear Sir / Madam,
As long as the builder has got the entire purchase consideration, it is none of the builder's business to take cover under a flimsy ground not to complete registration of the flat in your name just because one payment was made by you through a joint A/c. Tell the builder, that even though it is a joint A/c, since you are the first named holder in the A/c, it is legally deemed that the payment has been effected by you. To bring the builder down on his / her knees, and to throw your cousin out from your flat is very simple. Just lodge an FIR against the builder and your cousin for unauthorized trespassing into your flat in the local Police station, and get the Police to instruct the builder to immediately complete registration of the flat, and get your cousin evicted within 3 days. Re-post query in case of Police inaction within 7 days of your lodging the complaint.
Regards,
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