Registered Flat Is Sold To Another Party By Builder | Vkeel - Free Legal Advice

****k

Bangalore

I have booked a flat on Nov 2015 and started the loan from SBI from January 2016 and registered the flat in August 2018. We came to know in June 2019 that builder had also made an agreement with another party in 2015 about this flat and the other party took a loan from DHFL in 2015 as well. Since my flat is already registered by me, is there any right from another party or DHFL upon my flat. The builder is bankrupt now as far as we know and is not responding to any calls or emails. Should I be filing a case against the builder for fraud? What legal course I should be taking now to not let go of my flat. And what rights another party/bank has or may have which he or bank can exercise to claim the rights on the flat. Is there is any legal provision so that I can stop other party or respective bank to take any action on my flat e.g. Taking possession, sending notice or trespassing?

Expert's Answers(3)

Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

File a caveat petition first so that nothing will be filed without your knowledge. You may file an injunction suit in civil court restraining others and you may likely to get Status Quo order if you are in possession already. Also, file complaint before Banking Ombudsman regarding this issue. For further assistance please book for a consultation.

June 24, 2019
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

You may immediately approach a Civil Court and protect your possession if you are in possession. For full procedure contact me on mobile through the Administrators of this Website.

June 22, 2019
Advocate Rajkumar Tiwari
Vasai, Maharashtra

1. File FIR against the builder for cheating and criminal breach of trust. 2. Right over the flat will be of the first registered purchaser if it's registered on his name because subsequent agreement registered by the builder with you is not valid, it's void ab initio. 3. How it's possible that you had registered the flat later after getting a loan from SBI, on which documents they had disbursed the loan to you. 4. As you mentioned here that you have taken a loan from SBI in Jan 2016 and the first purchaser has taken a loan from DHFL in 2015, here you can also stand the SBI in the consumer court that how they have given the loan without search of the title of the flat.

June 19, 2019