rishi 27 December 2019

Legal recourse to registered plot reserved for amenities

Hi everyone:

My father purchased a plot in a layout in the year 2000. At that time, he did not know much about real estate scams.

The problem is: When we recently went to trace the plot and construct basement, we came to know that the developer sold as many as 15 plots which were meant to be for park/water tank/etc. My father was one of them.

We are not able to trace the contact details of other members affected by this. There is no construction of house, etc. yet in this layout and there is no association also.

Our plot is registered something like this 110/A and everybody whoever saw number like this are saying it was meant for common amenities but developer sold those.

It was GP layout, no approval was taken at that time.

What is legal recourse/any other way that can help us monetize this plot?

any help is greatly appreciated

regards,

rishi

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4 Replies

G.L.N. Prasad (Retired employee.) 27 December 2019

Contact a local advocate and issue a notice to the builder and demand his rights to dispose the property suppressing material facts, with an intention to deceive an innocent buyer.

SHIRISH PAWAR, 7738990900 (Advocate) 27 December 2019

Dear sir,

You have to take legal action against builder. Issue notice and file consumer complaint against builder.

Regards

T. Kalaiselvan, Advocate (Advocate) 27 December 2019

did you take any step to proceed with the proposed construction on the vacant plot?

If not, then you may first start the process and wait for any objection in this regard from any quarters.

If there is no objection from the local civic body on this then you may go ahead.

However you may have to obtain permission to construct the structure with a plan approved by the competent authority, this step may establish the facts of correct position of your plot.

In that case you may take legal action against the seller for having sold you this plot by cheating and playing fraud on you.

So, you may first exhaust the remedies available locally and then plan for the proposed legal action.

rishi 27 December 2019

Thank you all for the advice.

As I you see, it has been more than 18 years since it was first purchased, and I am not really sure if we can trace the original developer.

1. If we cannot trace the developer and take legal action against him, what would be the alternate course of action?

2. If we just proceed with construction in that place with approval from competent authority, do we have to face litigations/issues from rest of the plot owners in the future?

regards,

rishi