Legal Question in Real Estate Law in India

We purchased a flat two yr back.It is now u/stood that the approach road has got some dispute.It is known from our builder(A) that the adjascent land inclu.the approach road has been sold to another builder(B),who now claims that we are using his(B) land and tries to declare from the Govt.agency that the building is constructed illegal .(A) tries to convince us to appeal to the local town and country planning not to declare the bldg.illegal also stating that (B) as well as the seller(C) of the land that they have done fraud in the dealings .(A)says that if we move this letter then it will be difficult to declare the land illegal.He also says once it is declared illegal then it is v.difficult to get the status back to legal and if it becomes illegal then the supply of water and electricity will be cut by the Govt.agency.

We are in great dilemma and do not know what to do.

Sir,please advise re.following:-

1.Whether it will be correct on our part to sign the letter to be moved to the T&CP ,in our view if we sign it then the confrontation will be between us and (B)and (A)ill be out of the scene leaving us to fight in the Court in future.

2.If we can go to RTI to know the detailed information over the dispute,

3.Taking all information if it is ensured that the building is sold to us hiding actual fact and appears that (A) is also guilty then can we move to the consumer forum?

4.In case it is declared illegal then can local authority cut off power and water?

Please advise about the necessary action to be taken by us as (A) is pressing very hard to sign the appeal at the earliest.

Regards,

S.S.Seth


Asked on 11/13/10, 7:03 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Try to understand precise nature of problem and dispute and then chalk out a line of action in accordance with law with advice of your lawyer.

Presently, you appears to be completely relying on what has been told to you by A.

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Answered on 6/05/11, 10:27 pm


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