Legal Question in Real Estate Law in India

A property was owned by Person A & Person B(minor son of Person A).
It was given to Builder A, in a sale cum General Power of Attorney to use it to build a gated community. GPA says that Person A authorizes a builder to use an 'undivided share' of his as well as a proportionate share of his minor son's land.
No marking is provided of which share in the full land is to be used by the builder, builder seems to have used the full land anyway.
Builder says, he has an agreement with Person A to the effect of using the full land & he has given a few built units to Person A against using the full land(as against the GPA, which says 'an undivided share' of the full land).
Builder says he will provide the buyers with an NOC from Persons A & B, saying they do not hold any claim to the land any more.
Will that be enough to consider that the land is free of claim by Persons A & B ?
Pallavi Nirmal has responded to my question above saying:
In this situation you nedd to seek orders of the court to identify the ownership of the land.
Does that mean I need to approach the court & request them to issue an order to the builder seeking to identify the ownership of the land ?
Basically, a communication from the court to the builder, asking who owns the land that he is selling ?

Asked on 1/16/14, 2:48 am

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0 attorneys agreed

Unless we go through all the documents we cannot give any opinion.

Answered on 1/16/14, 3:01 am

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