Legal Question in Real Estate Law in India

Sir,

1. I and one of my friend purchased a plot just outside jaipur from A-Class Builder's Associate Mr Ankush at a so called project ECCO-CITY situated at Kodar Avania Village,ajmer Road under sanganer Tehsil,Jaipur. He took 45% amount of land value (BY cheques in favour of Aclass Prop Build) and promised to get the plot registered in my name and took Post dated cheques for rest of the 55% amount.He also said that you just sign the papers of deed and you need not be present at sub-registrar office at Jaipur (Sanganer).We paid accordingly and He got the registry made (Sale -deed) at sanganer tehsil,Jaipur in our absence. We till date have paid approx 3 lakhs each(total 6 lakh approx) to the builder.

2. When we saw the registry it was a registry between some other individual and not between the builder/Company and us. Moreover the Seller turned out to be a person I dont know. The broker/Execuitive(Mr.Ankush) says that perosn(seller has been issued a Patta by (shri Laxmi Griha Nirman Sahkari samiti) and in order to save registration amount from giving to govt twice in one transaction he is selling you the land directly.

Though we issued cheques in favour of A-Class builder but in registry the seller was shown as having agreed to accept those cheques numbers.

Earlier broker/execuitve verbally told that this seller had land at That Village and he surrendered that land to society and in turn society issued him with a patta. I am not sure of this fact because the Seller name is not available on Rajasthan govt's APNAKHATA.COM website as a Khatedar. But the broker could not give me a satisfactory answer that how and why his name is not there. Also the society(Shri laxmi grih nirman sahkari samiti) is among those 30 societies against more than 10 Land irregularity complaints are pending.

3. Now when I ask for Title documents, any Patta authorization in favor of society or seller. he says that I should have inquired about this earlier. I am not aware that this land has been converted from agricultural land to residential and that whether this ecco city scheme is valid and approved by govt.The Broker/executive have not shown me any reliable document till now even after repeated demands.

4. About execution of Registry also Only the Plot holder/Seller was present before sub-registrar and there is only his computerized photo on the registry and not mine. However on front page there are passport size photograph of both seller and buyer(Myself) and I signed every page of registry earlier/beforehand along with my thumb impression but my computerized photo which is taken before sub registrar is not on the registry as I was not present at sanganer tehsil court at the time of execution. And after payment of stamp duty the Broker got this sale-deed registered.

5. Possession- Also the sale-deed says that possession has been given to me but reality is that there is no plot markings made on ground even at the said project site. Mr.Ankush says actual Possession will be given once all your Post dated Cheques are realized or once you finish your leftover payments.

6. MY Doubts-

I. I am not sure of the TITLE of land .I am not aware that whom this Land actually belongs to.How can I find it.

II. I don�t know whether Ecco city is an authorized scheme how It can be found out?

III. I am not aware the process the builder adopted of this kind of sale-deed is legally in order?

Kindly advise:-

1. Is this kind of registered Sale-Deed is valid? Is it the correct process of the land title transfer in rajasthan? How can I find out that there is any irregularity or Fraud in this complete process?

2. .Should I stop leftover payments or continue going ahead with payments?

3.What are option available with me? Can I demand to revoke this deed and ask for return of our money? If yes how?

(a) How Can I inquire about the Validity Of the Title and that of the Sale Deed?

(b) What all Documents I should search for?

(c)Can I demand legally these documents from Dealer/Builder?

(d) What if he refuses or intelligibly avoid it to give these documents? Then from where Can I find about the original title of the land or validity of my registry.

(e) Most importantly what legal recourse is available with me now to get my money back? Just in case (if required) Where I should report the matter and at which place? Are there specialized agencies at jaipur or delhi to probe in to a Land fraud?

With Thanks


Asked on 9/29/13, 4:04 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.09.2013

Dear Sir / Madam,

Firstly, to address your doubts :

6. I. You should visit the Tehsildar's Office at Sanganer, Jaipur with Ankush, and request the Tehsildar to provide you with the attested copy of the 7/12 utara and the Property Card to confirm that the specific demarcated plot of land sold to you, was actually earlier in the name of the Seller in the Tehsildar's record. You should also request the entire earlier chain of documents with the Tehsildar, for the specific demarcated plot of land mentioned in the registry in your name.

6.II. You should check whether there are any approved layout plans for the project issued by the Jaipur Municipality.

6.III. Having committed yourself to the deal, by making payment for the land, you should work towards ascertaining and securing the title of the demarcated land in your name. You should tell Ankush, that you also want your land cordoned and fenced from all four sides with your name board displayed on the plot.

1. Ideally, the land ought to have been transferred by the Seller to the Builder, and the Builder ought to have demarcated the land into specified plots, and then sold the plot of land to you as the plot owner.

2. You should tell Ankush clearly, that if conditions as mentioned in 6. I and 6.III above are not fulfilled by an agreed date, you will stop the leftover payments and reserve the right to rescind the contract.

3. If Ankush fails on compliance in 2 above by agreed specified date, you should revoke this deed and ask for return of your money.

(a) with the Tehsildar as mentioned in 6. I above.

(b) 7/12 utara, Property Card, Approved layout plans.

(c) Yes, you can demand these documents from Builder since you have paid the money to the Builder, and it remains the Builder's responsibility.

(d). You can find the title documents from the Tehsildar / Sub Registrar, Sanganer, Jaipur.

(e). If the Builder fails to provide title documents and approved layout plan for the project, you should ask him to return back your money, deducting the Stamp duty and registration fee. If he fails to comply, you may have to file a writ petition against the Builder in the Metropolitan Magistrate Court in Jaipur.

Regards,

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Answered on 9/29/13, 9:31 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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Answered on 9/30/13, 10:33 pm


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