Property purchase by builder
Francis Philip D'silva
(Querist) 25 October 2012
This query is : Resolved
Sir, I would like to know if a landlord sells his property to a builder then what documents are required for the builder to prove that he is the property owner of the said property, e.g. sale deed or power of attorney or registration certificate etc. should the builder's name required in the property card. What are the rules or transaction between the landlord and builder in terms of the said property.
Thank you.
Kiran Kumar
(Expert) 25 October 2012
there is a difference in two terms LANDLORD and OWNER....A landlord may not be an owner :)
a tenant cannot challenge the ownership.
if the Owner presents some valid document of ownership (Registration Deed) that is enough proof for him to assert his rights against the tenant.
by selling the property the new owner has just stepped into the shoes of old landowner.
tenant remains tenant...no special rights are created with prolonged tenancy or after the sale of property to new landlord/ owner.
K.K.Ganguly
(Expert) 25 October 2012
1) If the owner wants to sell his land to a builder, he can sell it through a Sale Deed wherein the stamp duty shall have to be paid & when the builder sells the flats, after construction,againt stamp duty will be required.
2) So, to avoid incurring expenditure twice on stamp duty for selling flats to public after development, Developers enter into Development Agreement with the owner based on POA in which case the share of the Developed property is predecided between the owner & the developer & the Owner (as well as the developer) sells his share of the developed property i.e. flats to public & in this case only once stamp duty is be required.
Francis Philip D'silva
(Querist) 25 October 2012
There was an agreement between me and the builder 20 yrs ago as the real landlord gave POA to him for developing the said property due to some forgery made by the builder and the real landlord to show the local authorities they manage to get the development sanctioned but was caught and both were jailed for cheating and forgery. The case is yet to be heard at the Bandra Metrop. Court since then. In the mean time the real landlord revoked the said POA from the builder. The builder then filed a suit challenging the cancellation of POA from the real landlord which is still pending. In the meantime the tenants residing formed an association for developing the said property & appointed a developer where the third party was not allowed by the court. All efforts made by the real landlord, builder and the association was rejected by the MHADA too as well as local authorities. Now the builder has started filing individual suit for eviction to all tenants inspite not having his own name registered in the property card. Can I file a suit against the builder. Does the builder has the right and can he be the lanlord on the basis of POA.
Devajyoti Barman
(Expert) 26 October 2012
The builder does not have right to evict the tenants. If you are a tenant then file a declaratory suit and for injunction as well against the developer
Francis Philip D'silva
(Querist) 28 October 2012
Thanks to Expert Kiran Kumar
Thanks to Expert K. K. Ganguly
Thanks to Expert Devajyoti Barman
Thanks to Expert Raj Kumar Makkad
Francis Philip D'silva
(Querist) 30 October 2012
Sir, I would like to file a Declaratory suit and injunction against the builder who is declaring himself the landlord on the basis of POA, can u guide me what will be approxi. expense if I approach the Advocate for filing the case. What is the approx. time limit for filing the Declaratory suit and injunction against the builder for filing since the time he has filed the case of eviction.
Thanking you.
