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Abhishek Raj   31 December 2024

Purchased land from builder

Hello Sir,

I purchased a land in dadri from a builder.

The builder was doing plotting in farm land, and my wife purchased a small piece of cornor plot from them. We also took a home loan + construction loan from a private bank.

The registry is completed and mutation is pending.

We agreed on a deal of 61 lakhs for the whole deal (which includes construction of a single floor). There is no legal agreement of construction between us.

Now the builder is saying that some part of our land (10 gaj) comes under LMC land, which is govt land. So for managing this he need to sell the corner road. Our plot is corner so after selling this it will be now one side only. After declining this thing he has stopped the construction and told us the construction will only resume only if we agree to their new term.

We paid for land to his account only.

When he make the deal he took 3 cheque from us saying that he needed that for our security of construction amount. 

Now he has stopped construction, When we told them if you not start construction then we will construct this ourselves. He is now telling us that if we start construction then he will use this cheque.

The bank guys are with the builders, they inform the builders when the loan account is funded with the construction funds.

I am afraid that what will happen if he use the cheques for withdrawal or any legal cases against us.

Please help ๐Ÿ™ 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     31 December 2024

You can issue a stop payment instructions to stop payment against the cheque,

You issue a legal notice to the builder to return the money he had taken for constuction and also inform that you will initiate legal action if he once again illegally demands return of the sold land

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     31 December 2024

Before purchasing the plot did you not consult an advocate or at least a known person about the land and builder?   Sanad land cannot be sold or bought and so you may file against the builder in consumer commission.

1 Like

Abhishek Raj   01 January 2025

Thank you Sir for your valuable suggestion,

Wish you a very Happy New Year๐Ÿ˜Š

kavksatyanarayana (subregistrar/supdt.(retired))     01 January 2025

You are welcome.  Thank you and wish the same.


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