Hi Lawyers,
I booked a plot in a plotted development by a reputed builder in Bangalore. However after a few months we found out that there is a litigation pending on the same.
Here is the info I got from the builder
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The suit one is filed for the relief of Declaration and Injunction, to declare that the Plaintiffs and Defendant No. 1 and 2 are the absolute owners of the Suit Schedule Property and for permanent Injunction restraining the defendants 3 to 6 from interfering with the Suit Schedule Property.
Brief Facts:
The Plaintiffs claiming title through one Narayanappa, who acquired the property under a registered sale deed dtd. 25.05.1943.
The property came to be partitioned between Narayanappa and his brother in the year 1945 and thereafter upon their demise, the property has passed through several hands from the year 1947 onwards.
The suit is not maintainable as the same is frivolous in nature and also barred by law. The Plaintiffs are not in possession of the property in seeking such reliefs and also have not challenged any of the transactions that have taken place from the year 1947.
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Having said that, I am not sure if I should rely on the builder and proceed further, or ask for a refund. Looking forward to your valuable advice.
No definite suggestion is possible unless the documents are seen and facts ascertained. Anyhow, is the builder/developer a party to the proceedings. So also, is there a stay or a temporary injunction granted?
