Major V Ramanujam 28 June 2021

Confirmong party

I paid a builder to sell a flat to me and entered into agreement . Instead of giving me the flat to me, he sold it to MrA. On diputing, he made Mr A to agree to sell the flat to me. The builder made cheque payment to Mr A and I had to pay some extra. The Sale deed was registered and the builder signed as confirming party, Mr A signed as Seller, declaring that he had received the full settlement money. And I occupied the flat. Now after18 months, Mr A sends me and the buyer notice that the confirming party has not paid, though what I paid has been deceived and the flat belongs to him.. Am I not protected by Sale Deed? If the confirming party has not paid, am I responsible? Can he come with notice after 18 months of sale deed?

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7 Replies

G.L.N. Prasad (Retired employee.) 29 June 2021

Contact a local advocate with all facts to send a suitable reply. You are silent on actual possession and the present status of construction. The registered sale deed can only be canceled by the court if the necessary party files such declaration suit.

Major V Ramanujam 30 June 2021

The flat was partially constructed and sold. The buyer was given possession as it was. The buyer put another about 8 lakhs, completed and occupied it. Heis in occupation, living in the flat right now.

G.L.N. Prasad (Retired employee.) 30 June 2021

Contact advocate and issue notice to the builder to surrender the possession and mark it a copy to Mr.A

Major V Ramanujam 01 July 2021

There is no connection between my messages and your reply!

G.L.N. Prasad (Retired employee.) 01 July 2021

At least "contact a local advocate" is relevant, when members are unable to understand the facts from one sentence query in a complicated issue involving the study of documents and facts.

T. Kalaiselvan, Advocate (Advocate) 01 July 2021

If you are the subsequent buyer and have been served with a legal notice by the seller demanding the sale consideration amount at this stage giving some irrelevant reason that the builder did not pay him the promise amount, you have to issue a proper reply notice to his legal notice denying his allegations.

If the sale deed did not contain any such condition in respect of the sale consideration amount, then you are not liable to pay even a single penny to the seller.

The non payment of the amount by the builder to the seller is his problem with the builder and he cannot drag you into this controversy.

If he is still impleading you as a party to the money recovery suit, you may challenge his claim against you on merits and the documentary evidences in your support.