Legal Question in Real Estate Law in India

Dear Sir,

I have purchased some land from a builder who is selling land and constructing homes(He took GPA from the land owners). Bank approved the land as a clear titled and sanctioned my loan. Registration done under my name and 90% construction is completed. Now my builder is telling that some other guy is claiming that he owns my plot and the sale is against his willing. My builder told me that he is filing an injunction against the guy and being the registered owner of that plot i need to sign on the papers to file the injunction. All this process looks suspicious to me thats why i needed some advice from you.

Please help me,

Thanks

Srinivas Kagitapu


Asked on 4/06/11, 10:22 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

You need to check the ownership/title documents of the builder. GPA is not a safe title document. GPA is an authority by the GPA giver authorising the GPA holder to do certain things. GPA can be withdrawn by the GPA giver. The sale deed is the safest mode of transfer of property. You may need to check whether GPA is registered. Also, whether the GPA giver executed some transfer document in name of any other person other than the builder. If yes, try to contact the GPA giver to verify this fact. If some other person is claiming right in the land, then definitely its a case of double selling of land. In that situation, whosoever papers are leggaly valid would win. You may assess the situation accordingly.

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Answered on 4/07/11, 12:23 am


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