Yoy have every Right to possess more than one property in your name in any state in India...Indian Law is universal .Right to property was former a fundamental right Under Article 32 of Constitution of India.So There is no restriction on the no of property u may own.
You should ask the builder for reasons and when you knew about this from the begginning you should have made it clear to them that u do posses more than one property...Ignorance of a condition is not excuse just like ignorance of law is no excuse.Since its gone in litigation u have two ways to solve this...
1. Either convince the Builder to not make an issue of the truth which u will have to disclose.Because affadavit is an oath that you take and after finding the truth the builder can sue you for giving fabricated documents which is a non cognizable offence
OR
2. Tell the court You were unaware of the fact that you cannot have two properties or simply ask for refund