Hi lawyers and experts here,
I hope someone can help point us in the right direction and even offer their expert services in our current situation.
It is a bit of a long post but I will try to keep briefly explain the current situation we are in and how it all started but can provide more details upon request/contact. Really appreciate your patience to read this.
Oct 2008 -
We bought a slum dwelling, it was already in SRA scheme but wasn't demolished by the builder and seller's name was in Annexure II.
Transaction was done in cash but all the paper work such as Power Attorney, Affidavit, Indemnity Bond, Sale Deed and various NOC documents were signed and duly notarized by both parties.
Society also witnessed the transaction in writing on their letter head duly signed and stamped.
Late Oct 2008 -
within few week of purchasing the dwelling, it was demolished before we could transfer any of the documents in our name.
The seller submitted the Power Attorney to the builder. Builder paid us rent in lieu while the redevelopment was going on. The rent payment receipt used to be in seller's name as it was their name on Annexure II but we used to sign the receipt.
2016 -
Development was ready and during allotment keys were handed and we occupied the flat.
2018 -
Seller started making application at SRA that builder did not allot them the flat in lieu of the slum dwelling and also did not pay them the rent in lieu. And did not put us (buyer) as respondent.
Builder's lawyer's submitted their reply that seller approached the builder along with the buyer with Power of Attorney on the basis of which they paid the rent to the buyer but they did not allot the flat to the buyer.
2020 -
We were notified by SRA to be present for hearing on very short notice. my father went and said the signatory is out of station. So the court was adjourned.
2020 Dec -
Apex committee passed an order that the seller to be given the flat and us to be evicted. And 15 days time to express any concerns.
2020 Dec -
We went to a lawyer to seek help to file a reply, paid full fees that he asked for. Lawyer said he knows the other party's lawyer and will talk to them. And he did not file a reply on our behalf and said we will take action when next notice comes :(
2021 Mar -
We received a notice to evict within 48 hours. We went to high court, this time through different lawyer because of being cheated by the previous lawyer. we applied to get a stay from HC was not successful. We requested a review but even that was not successful.
2021 Jul -
We file a civil suit to claim the rightful owner of the flat based on the facts and documents.
Seller's lawyer submitted their reply they never sold the dwelling and our pray has already been unsuccessful in the HC.
Builder's lawyer submitted their reply saying seller had approached the builder with the buyer with a duly notarized Irrevocable Power of Attorney and they paid the rent to us based on that.
Society's lawyer submitted their reply saying the seller had sold the dwelling in their presence.
Aug 2021 -
While we are waiting for Civil court case, we have been evicted by SRA that too during the period when HC order is in place that no one to be evicted till Aug 31. :(
Now we are left with no home and feel like we have been conned by the seller, the first lawyer and even SRA forced us to evict against the HC order in place due to Pandemic.
Can anyone please help us with what are our options in current situation?
Also, if you are aware of or dealt with any similar case and judgement, please share that.
Currently we were thinking to file an official appeal in front of AGRC Apex committee parallel to civil court case which we have already filed.
If you think you could help save our family from being homeless and get justice, please get in touch.
Thanks and regards.
