Legal Question in Real Estate Law in India
Dear Sir,
My father had booked a flat in Patna from a local builder. After a certain point of time, the builder started asking unjustified money though my father had paid him all dues. Finally he was not ready to register the flat in my father's name through court. My father had finally gone to PRDA, Patna (Patna Regional Development Authority, Patna) seeking justice who in turn gave the permission for one sided registry from PRDA. The flat is now registered in My father's name through PRDA.
After some point of time, one third party got up and made a claim in the court that the said flat was initially booked by him and the builder had booked the flat in his name in the beginning. The said flat is in my father's possession and he own the key and control of the flat. Since the third person has made a claim in the court and mentioned my father's name also stating that the said flat was initially booked in his name, however the builder has given it to some one else i.e. to my father. My father had also been summoned.
The third party had not even paid 30% of the flat cost to builder.
In such scenario, as the matter is in court, can my father sell the house to anyone else. As he wants to come out of all these problems. What is the best solution to get rid of this problem?
1 Answer from Attorneys
18.09.2013
Dear Sir / Madam,
If the third party has any claim, it remains against the builder, and it is the builder's liability to settle it. Your father is in no way concerned with it. But as a precaution and to avoid any complication, since your father has been named in the dispute, your father should sell the flat only after the third party dispute is resolved in the Court.
Regards,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
