Who will be liable for title dispute of land, Builder or flat buyer?
Dear Sir/Madam,
I am planning to buy a flat in Pune, while checking the property details in RERA web-site I came to know about two civil Suits(Title suits Litigation) on the project.
Case 1 : Specific Relief Act 34,38 and Indian Succession Act 6 (Reg.Civil Suit)
Case 2: Specific Relief Act 31,38 and Indian Succession Act 6 (Spl.Civ.Suit)
The litigation has been filled in 2015 and 2016 respectively.
My flat is ready to move in and in third (Final) phase of project. Phase 1 and Phase 2 were started in 2011-2012 and completed/sold before RERA till 2016 , People are already living here. Third phase is registered under RERA and Occupation Certificate is expected to receive in next week for phase 3. Builder has not done conveyance deed in the name of society as he is saying he will do after phase 3 completion. Phase 1 and 2 are having 400 flats and Phase 3 is having 60 flats in total.
Please suggest for below queries:
1) In case of any adverse order by Court , Will the flat buyer has to suffer or loss legal rights on their flats or Builder needs to settle this title dispute.
2) If court orders against of current title right of builder and declare the construction/ownership of land illegal, will flats also become illegal and flat owners needs to vacate (loss ownership) .
3) Can builder do conveyance deed in the the name of society even the case is pending in court and If builder can not do conveyance deed due to pending case /loss the case , how can society and flat buyers will have legal rights on land/flat.
Many Thanks in advance!!!
Thanks,
Sujeet Kumar Agarwal