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Pranav (Lead)     09 November 2011

New flat under stay order

Dear Sir,

After a long hunt I've finalized a new flat and also given booking amount to the builder. Last week it came to my notice that there is a high court case pending on this property and there is a stay order. Looks like the neighbours went to court cliaming that part of the land on which the apartment was built belongs to them and got a stay order. I also see that there is no progress in the work on the flats built on that part of the land. The Flat which I've booked also belongs to the same part of the land.

When I enquired this with builder, he confidently says that the case will turn to his favour in a months or so and I don't have to bother about it. He also mentioned that few flats below the one I've booked has already registered and I can also go and make the agreement and get registered.

If I go ahead, pay the balance amount and register this property, will there be any problems in future?

Do you suggest me to wait until the case is settled ?  I'm worried if the builder can't wait so long and sell this to another. I liked this flat and hence want to purchase it but at the same time doesn't want to land up in hassles in future.

Please advice.

- Pranav



Learning

 3 Replies

Advocate M.Bhadra   09 November 2011

Get information about the order of High Court,you should not register the property during the pendency of any suit,send lawyer notice to the builder and claim your advance amount.

Norbu Lama (Finance Officer)     09 November 2011

Let the ground fact assessed by a lawyer and act as per his advice. Proper advice can be given only after studying relevent documents.

Rajeev Kumar (Lawyer/Advocate)     09 November 2011

I agree with Minansu and Norbu. So do according to the advise of lawyer

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