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Bhalchandra R (DYM)     08 January 2020

Claim on other party on the plot purchased from developer -

Respected Sir / Madam,

We had purchased a 1 guntha plot from developer in Pune in May 2018 developed by him in pune. There were many other buyers, who purchased the plots ( 1 or more gunthas) in his scheme.

Now In Dec 2019, almost more than 100 buyers including we, have received the notices from one lawyer saying that the said entire land is originally purchased by his clients ABC ( 6 to 7 people's name mentioned in notice) in the year 1922 from XYZ and they have not given any right to anybody to sale or for any use (though ABC was not occupant for more than 80 years not his names were on revenue record. Notice said that, we should cancel the deed in 15 days otherwise they will proceed civil cases on all the buyers & also ask for reimbursement of legal expenses.

All buyers who have received such notice had approached the developer, who said that the documents of this land is clear.  ABC is unnecessarily trying to make you afraid since ABC's earlier two civil cases were dismissed. Developer and his office lawyer said that we need not to worry about it as this is not a court notice.  Developer said that he had purchased this land 15 years back with all search report, advertisement in newspaper etc. Developer had purchased the land from the XYZ (Development agreement ) who is an occupant of the land for last more than 80 years and their names are on all revenue records for so many years. 

As per the search report made available by our Developer, there was Gahan Khat made between ABC & XYZ in 1922 to meet financial need of XYZ, which XYZ returned money to ABC afterward and Gahan Khat & name on revenue record were cleared.

Our Developer assured us that his lawyer will reply to the notice of ABC'S lawyer, but so far more than 1 month is over he has not sent reply. We would like to know that :

1]Do we have to worry about the notice received from ABC and reply in 15 days?

2]What will be the effect on all the buyers of this notice?

3]Can court held Developer responsible to compensate all buyers, in case if we have to cancel the sale deed made with him?

Please advice,



Learning

 3 Replies

Nikita Parekh   09 January 2020

If you can share the name of the Pune Developer here or in Inbox, it would be very convenient to suggest future course of action.

P. Venu (Advocate)     09 January 2020

The facts, as posted, suggest no cause for alarm.

Dr J C Vashista (Advocate)     10 January 2020

It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts / record, professional guidance and proceeding.


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