Legal Question in Civil Litigation in India
i was purchased a property through unrigistered agreement to sell from the builder and that builder sold that properrty through agreement to sell from other party and also builder get sale deed in the foavor of his wife and also i was also pay an amount to builder from my wife acount to builders wife acount but property now go in family dispute who sold to buider that properrty and thay make to builder wife as party and court order status quo on propert now , buider approved the building plan but due to status quo hi couldnot execute the construction then what can i do against buider, is it possible for me recover my earnest money with intrest if in which my agreement to sell could not in writing that when builder handover that properrty after construction and also builder said that what can he done during the status quo if the court give permition then he shall be construct that property but now i want to refund only my earnest money with intrest form builder.
4 Answers from Attorneys
01.02.2013
Dear Sir,
(Connaught Place / Krishi Bhavan / North Secretariat, New Delhi)
The dispute is between the seller of the property and the builder through his wife. The case may go on for a very long time and your monies will be held up with the builder. You are well within your right to ask the builder to refund you the Earnest Money deposit along with simple interest at 9% per annum.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
You can seek you money back with interest and damages. The builder cannot hold your money. Issue legal notice and approach the court for immediate relief.
Kind Regards
Setu Niket
+91-9873109672
File a FIR u/s 420 against the builder and he will come to terms with you. If the police does not file FIR then file application under section 156(3) CrPC for registration of FIR. That is the best way for you to recover your money soon.
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