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Jeevan Patil   17 June 2023

attachment of property

If property is attached upon purchase from builder, what is recourse to purchaser?


Learning

 3 Replies

Shashank Saxena (Lawyer)     17 June 2023

Hi Jeevan, you can do the following:

FIle a Lawsuit against the Builder: you can file a lawsuit against the builder for breach of contract and may pursue the following remedies:

(i)  Damages for breach of contract as the builder is legally obligated to deliver the property to you free from any encumbrances.

(ii) Seek Compensation for any losses you have incurred as a result of the attachment.

(iii) Declaration for cancellation of the sale agreement and refund of money paid/ advanced against the property. If the attachment makes it impossible for you to take possession of the property.

File a complaint with the Real Estate Regulatory Authority (RERA): If the property you purchased is under the purview of RERA, you can file a complaint with RERA.

 

T. Kalaiselvan, Advocate (Advocate)     18 June 2023

How and who attached the property purchased by you?

If the builder has defaulted the lender hence the property sold to you has been attached by the lender bank, then you can file a case against the builder seeking for refund of purchase amount with interest besides lodging a criminal complaint for the offences of breach of trust and cheating.

 

Dr. J C Vashista (Advocate )     18 June 2023

Before finalisation of transaction for purchase of (any) property you must get title searched by a local prudent lawyer who shall confirm and recommend to leave such property. 

If you have already purchased issue legal notice to builder for termination of agreement and refund of amount paid with interest /damages through a local prudent lawyer.

Statement of facts posted in the query inter alia, "If property is attached upon purchase from builder, what is recourse to purchaser" looks like an examination hall question paper set by an advocate, is it not so ??????

What is your interest/ problem / locus standi with respect to subject property and vendee ???

You did not clarify the fact that whether the property was already attached or attached subsequent to purchase ??

Question qua "recourse to purchaser" has to be considered and opined after knowing the fact regarding clarification of above question.  


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