In a very peciluar situation, need solution to come out.
Legal Fighter
(Querist) 18 September 2008
This query is : Resolved
I booked a flat with a private builder before marriage and after marriage, i got the name of my wife added to it. So the builder buyer agreement is signed by both of us, so as the loan documents with the bank. The flat was still in construction so no title created for anyone. After few months, relationship got strained and she filed false criminal cases and is living seperately. Now the flat is completed and the builder is offering possession of the flat but my wife is not staying with me. She wants to grab the flat. The builder is insisting to come together to take possession of flat otherwise builder will charge retention charges. Now all the payments till date are made by me alone through cheques and I am only paying the EMIs to the bank. Now i am in a situation where builder has taken 100% amount from me, not giving me possession and asking more money as retention charges. I am still paying the EMIs but not getting possession of the flat. What is the solution to come out of this situation? Please suggest.
Legal Fighter
(Querist) 18 September 2008
Kindly provide me a solution to get out of this peciluar situation.
ARVIND JAIN
(Expert) 18 September 2008
WHAT IS THE AGREEMENT WITH THE BUILDER? IF NO ADVERSE CLAUSE THAN FILE A COMPLAINT IN CONSUMER COURT AGAINST THE BUILDER FOR DIRECTION ALONG WITH DAMEGES. HE CANT REFUSE TO HAND OVER THE POSSESSION.WIFE MAY CLAIM OR NOT THAT IS OTHER POINT. YES YOU CANT SELL THE FLAT.
Legal Fighter
(Querist) 18 September 2008
there is no such adverse clause in the agreement. its a general one sided agreement which most of the builder have. the builder is not directly refusing to handover possession of the flat but in fact insisting to come jointly with my wife which is not possible for me at this junxture. pls advice me.
ARVIND JAIN
(Expert) 19 September 2008
FOR POSSESSION WIFE IS NOT NEEDED,FOR REGISTRATION SHE MAY BE.HOW BUILDER CAN REFUSE TO GIVE POSSESSION TO YOU.
arunprakaash.m.
(Expert) 19 September 2008
you can file petition for the specific perfomance of the contract.
Legal Fighter
(Querist) 19 September 2008
i have also talked to a consumer court judge and he has told me that at the max., consumer court can order the builder to give possession jointly but no order can be passed for sole possession as it is more of a civil dispute than a consumer dispute. he says the builder is not concerned as who has paid money and builder will not give possession singly to anyone.
now the problem is my wife is ready for joint possession but for that i am not ready as it will increase complications.
can i seek compensation from builder in specific performance and also do i have to pay any court fee etc?? also can i seek declaration of title in specific performance.
Jithendra.H.J
(Expert) 21 September 2008
send a legal notice by stating the facts, demand for the sole possession, if he rejects move the court of law under specific performance. you can also get injunction order against the bulider and wife
Legal Fighter
(Querist) 05 March 2009
experts, i have filed a complaint in consumer forum against the builder seeking possession in sole name. my wife also moved an application to be a party to the proceedings and the court allowed her and made a party against me (O.P. No.2). though i haven't sought any relief from her, she will be filing w.s..
can anyone please cite some case-law of judgments in which the possession would have been given to the single party who made the payments. It may not be in property but may be in some other joint dispute.
PARVEEN DEEPAK ARYA
(Expert) 23 March 2009
instead of consumer forum you file a civil suit for declaration to the effect that you are the actual and sole owner against the builder and your wife . prove the fact that the name of your wife was added due to love and affection subsequently .infact all the consideration is paid by you and not by your wife and as a consequential relief seek a direction to the builder to hand over possession.
