Saravanan (NA) 17 June 2013

My apartment is in dispute

I have booked an apartment 1 year back and i have paid all the amount to the builder and taken the possession 2 months back.I got my EB connection in my name and paid the property tax too.Last week i got a summon from one third party stating that the land in which apartment we reside is under dispute and they asked us to come to the court. The opposite party is telling like part of thier land has been occupied by the builder and they constructed the apartemt.My flat is coming in that partail area as told by the opposite party. My builder aggred to take this as thier issue and they are going to meet the opposite party in the court with the help of his lawyer. Now my questions are 1) If the judgement comes against my builder ,what will happen? 2) they are going to demolish my flat? 3) if soo,who is responsible for my amount which i have paid to the builder? 4) what willhappen if my builder turns into silent if the judjement is against us? 5) Also if the case is running for 10 years and if the builder dies before that then who will be responsible for my money?

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2 Replies

Jayendra Sevada (Advocate) 17 June 2013

Dear Saravanan,

1) If the judgment comes against your builder doesnot mean that it has to be with regard to the possession, it can be in terms of capital judgment. Your builder has to approach the court saying tht he had creted third party interests and handed over the possession.

2) You have to be active and restrain them from doing so. It can only happen when you are a party to the case and plead your side of defence before the court.

3) The builder shall be responsible for every act.

4) As I told you, You have to be active and should represent yourself as a party defendant/respondent.

5) Take active part in court proceedings and you have all legal remedies available, its your call to pursue them or not.

Saravanan (NA) 17 June 2013

Sir,

My builder is arguing in such a way that they have handed over the apartment to the public and nearlly 20 flats are occupied out of 26 .Now it bcum a fully residentail property and all paid the property tax too to avoid destructing nearly 10 flats (Since only partail land has been occupied)

But i dont think this argument will not be considered in the court ...if my builder really occupied the nearby land.

Builder got signature from all of our 26 flat owners to make his lawer appear in the court on behalf of us.All 26 members are taken as the accused in this case including the builder (First Accussed) .

Also if the judgement is against as ...wether they will destroy the 10 flats or the total 26 flats?

I am very much worrying about this ...since this is m y first flat in my life...

Even i am worrying whether i need to pay the loan or not to the bank...