Tipsy (importer) 05 April 2008

Property Not delivered against Allotment letter issued

My Mother aged 79 had purchased the a flat admeasuring 90-0m Sq Ft against Sale Agreement on the basis of the Allotment Of Flat No XXX on thefloor XXX in the residential complex at plot bearing survey no 75(pt) bearing CTS No 712 of Mulund (E) , Mumbai 400081 from Vikas Builder, and we have paid paid Rs.2,50,000/-

Vikas Builder , never started the construction of the same and he sold the whole plot to Govind R Naidu and Now Govindji is not responding to us.

We have approached High Court through a lawye for a mandatory injunction/specific performance to deliver the flat. Now in this case what can be done to speed up the process because Govindji has started Building 13 story tower, can I advertise in news paper or It is risky? Pl Guide

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3 Replies

Guest (n/a) 05 April 2008

Sir as ur mother has already entered an agreement of sale with the builder and in what capacity the builder has executed the agreement, that is what matters, if the builder has not performed his part of the contract u can enforce the same through specific performance and also seek damages if it is impossible to perform that contract, u do one thing, better file a petition & seek an interim order in respect of that plot from the court, pending the disposal of the proceedings initiated or consult me through mail

Prakash Yedhula (Lawyer) 06 April 2008

You can give a publication that the issue is sub judice before the court of law and any person dealing with the property does so at their own risk and costs.