Legal Question in Real Estate Law in India

Hello,

In the year 2009, I had booked for a flat at one of the reputed builders. The initial plan was to get the flat registered in joint Names of me and my wife. However due to threats from her father to transfer the propert to her individual name, me and my wife amicable agreed to get the agreement to sell in my individual name. I have an email from my wife to her consensus to this affect. And the agreement to sell was done in my individual name. All payments are done from my individual Bank account and i have all details for the same.

In 2010 my wife filed flase 498a and DV cases on my and my family under influence from my FIL. We are fighting it in the court and the ruling in our favour is alomst passed. Even in the IA orders, no maintenance - dues are payable to my wife.

Now in 2012, My father inlaw who works with this builder as a manager, managed to get the flat cancelled without any notification to me. When Icontact the builder for the status on the progress, I was shocked to learn about this unilateral uninformed decision.

The Builder now says that since my wife has written letters to the builder that she has also paid the money(which is not true, since all are through my bak accounts), they want me to amicable settle the case with my wife and then approach them for refund - they also say that few receipts are issued in the Joint names and hence they cannot refund the money to me individually.

What are my next options here:

1. Should i puruse the legal course in filing a show cause notice from my lawyer on the builder

2. Are there any risks that I may loose the money and the property?

3. How should I puruse this further.

Appreciate your response and timely advise.

2 Answers from Attorneys

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