Prabhu J (Designer) 12 September 2013

Buying apartment in prelaunch

Hello Everyone,

I was looking for 2BHK apartment and realised that prelaunch offers or underconstruction flats would be within my budget
I found a builder as per my needs, he stated that he had purchased the land and layout plan is yet to be approved
I agreed and booked the flat with token of 1 lakh. I got documents from them for verifcation
Later when I got EC from register office for same land, he had purchased with 3.5 crore on March 2013 with Sale deed which is registered
But builder went on another sale agreement to resell the land on May 2013 for selling the same land. He got 3.4 croces for them and 10 lakh only pending. Sale agreement registered against the land
How safe am I if I buy from this builder....

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

Mr. Prabhu,

Did you get a legal opinion about the property before making an advance for the purchase?, even now it is not late, consult an expert lawyer near you, proceed further based on his opinion.

prakash vathore ( lawyer) 13 September 2013

your builder has subsequently sold that property to third party. that means your builder today has no right to do anything in that land so how you will buy anything from your builder. you are not safe at all.

Prabhu J (Designer) 13 September 2013

Hi Mr. Kalaiselvan,

Thanks for your valuable inputs.

I am consulting with expert lawyer parellel.

He said dont pay anymore and asked me to block post dated cheque.

My doubt now is?

Can a make complaint that builder already have a agreement for selling the land to another for 3.5 crores out of which 3.4 crores they collected also.. but for the same land they are doing advertise as prelaunch offers?

Prabhu J (Designer) 13 September 2013

If I raise the complaint, will it hold on court...

Anyway i will cancel the booking and they say they will 100% refund within 90days..

My doubt is, This builder collects from people for these projects and dont have proper documents for the projects. After waiting for some moths people cancel and after 3 months they get the money back... by that he get zero interest money for building thier approved projects in other area

What I can do for myself? What should we do to save common people too