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K Sivakumar (Advisor)     29 August 2019

Case by a person claiming to be legal heir

I bought a flat in 2004 from a Builder got financed by a Bank . The Builder gave all legal documents for titles of land having 100 flats .The Bank legal dept checked all titles and legal agreement between the Land owner and Builder for construction and sale of flats. A relative of the original Land owner may be a latest generation, woke up after 10 years and filed a case on Builder for fraudulent use of land . After three years of running the case he convinced the court to include all 100 residents cum owners of flat as defendants.This has been going on for 2 yrs now. Myself along with other owners occupied the flat after clearing titles and encumberence with sub registrar Please clarify whwther 100 owners should join the Builder as defendents to oppose the Plantiff or 1oo owners should file a fraud case on Builder now for making an improper sale agreement between the flat owners and the original land owner who joined hands with Builder for construction and sale as JV K Sivakumar


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 5 Replies

Isaac Gabriel (Advocate)     29 August 2019

In the circumstances stated,all the flat owners need to file an appeal.

G.L.N. Prasad (Retired employee.)     30 August 2019

Let all the hundred owners form as a group and appoint one advocate to make regular follow up, and let the court deliver judgment and it is a long process till it goes for final appeals to SC.  There is no immediate danger to you and it is the duty of builder, and the court may also consider of your interest as you are innocent buyers.

 

K Sivakumar (Advisor)     30 August 2019

We are not clear on

a) whether to implead ourselves with along with  Builder or

b) respond to court notice manipulated by Plantiff  independently , who claims that all flat owners signed agreement for sale with the original seller of land and construction agreement with Builder. All these were managed by Builder intelligently at the time of my purchase whereas the original construction agreement was four years at the time of my purchase.The falt was the last buy by me as all others had already bought over previous 4 yrs and it was a fully occupied complex

c) whether the flat owners file an additional fraud case on Builder, Sub registrar for misleading me and  my Banker. Incidentally the marketing office  of Builder had ready arrangement for Financing with Banker itself

 

Thanks for your earlier immediate responses

P. Venu (Advocate)     01 September 2019

The court has already impleaded you. You can remain silent (ex-parte) or defend the suit. Option is yours.

K Sivakumar (Advisor)     09 September 2019

Can a court implead without verifying the authenticity of legal heir claim of Plantiff or without even seeking root documents from Plantiff Counsel

 


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