Legal Question in Real Estate Law in India

Cheating by land developer

Question:

I bought a plot in a private BDA approved layout in Bangalore. I went

to lawyer

for verification of the documents before

purchase and found them clear. I have got khata, encumbrance

and tax

paid receipt from BDA.

I have got the plan approved from BDA for construction.

But, when I

was about to start construction a person

came and claimed that he is the land owner.

Later I came to know from my Lay-out developer have

encroached this

person's land formed few sites got

approval from BDA and sold them to us. Now my land developer

is trying

to resolve this by mutual settlement with

the land owner and there has to be confirmation deed done

in favor of

us from land owner. But things are not moving

ahead so it is causing concern to me.

I would like to know where I stand legally and please

suggest how should

I proceed to resolve this issue.

Regards

A worried plot purchaser.


Asked on 7/26/05, 7:18 am

1 Answer from Attorneys
Nand Kishore NK Associates

Re: Cheating by land developer

It might take a while for the resolution of the above problem.

Since the land is an encroached land therefore you have no right as such to claim the land. Your claim would lie against the Land Developer. You may proceed against him both under civil law as well as criminal law.

Under the civil law you may file a suit for recovery of the amounts paid by you towards the purchase of site along with damages/loss caused to you.

Under the criminal law you may lodge a police complaint for cheating etc.

Its better if you consult a lawyer in this regard.

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Answered on 7/26/05, 8:58 am


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