Hello,
I bought a property of Villa Ground Floor from a builder in 2006 on which I got the possession on 2007 & then he offered me good deal for other floors (only 2 more floors left in villa) I decided to buy 1st floor as he was offering me the terrace right of 2nd floor along with the Ground floor on which we were signing the agreement and I was making final payment from HDFC Ltd. I also paid token of 30% towards the 1st floor on the same day. I had an option to buy 2nd floor also but he offered me terrace with ground so I bought 1st floor as it’s close to ground.
As this agreement was made in rush there was a typing error instead of mentioning Plot No 36 builder mentioned 25 and gave me the roof right which I only realized in 2008 when builder sold the 2nd floor of the same building to some other person but did not mention any thing about the roof right on his agreement. After 20 days of signing the agreement builder issued 2nd floor owner a letter on his letterhead that he is entitle to the roof rights of 2nd floor which he already gave to me back in 2007 about 1 yrs prior. I reported this to the lender HDFC Ltd who mortgages both my floors along with the floor of 2nd floor owner. HDFC Ltd issued me a letter stating that roof rights is mentioned on my ground agreement but not mentioned on 2nd floor owner agreement.
Now I was forced to file a suite for specific performance along with a criminal complaint u/s 200CRPC. The case is filed in
Pls advice me what are my chances on this case.
