India  |  Real Estate Law

Legal Question

Asked on: 9/01/13, 6:36 am

I had a deal with one flat ,in which already between promoters(builders) and investers ( future member of that building) dispute is going on in city civil court regarding payment terms and right of possesion

80% of building work is already complite and after three years(2008-2011) court receiver is appoint to complit the remaining building work stating that , member who paid 60% or more of agreed allotment amount has right to said regestered society member which they already firm as per housing society act togeather and ,who has paid less then 60% builder has right to cancell there deal by componsate him with there principal amount plus interest @ 15% p.a. and society member has bind to accept the same if builder do so deal with third party as member of the said society

so one of that society flat in which old member who paid less then 60% has been offered by builder me to purchase ,should i go with transection by registering with builder in what terms , my lawyer is not property related lawyer then too he advice me in best manner that either you confirm prior cancellation of old member right or you go regestering flat with mentioning all the detail in agreement and builder is also accept the same because the old member not in india and can not do cancellation right now

but builder is not accepting that ,what my lawyer suggest mention all the detail and also atteched that consent term of city civil court

builder argues that you may mention all the detail of old member what he has paid to me and i has send him cancelation letter alog with there money paid which old member acept or not that too i dont know, copy of that with agreement and all court case detail but you can't atteched consent term of court(total five pages) as prescribe builder right regarding that case as may registrar not accept the same for registration

in other hand my lawyer told me that either cancell the right of old member because builder wants to create third party even if he is not guilty doing so prior to cancellation right to repay amount to old party as per court said or atteched consent term document for your safety in future for all legal aspect ,with society with court and if any other person come in picture just like you

and builder told that he ready with whatever detail you want to mention in agreement regarding that case ,your right, my liability towards you in words with all case detail but i cant allow you to attech concent term

so please guide me in that case what should i do as i already paid some amount to builders and also paid stampduty regitration money for making agreement registered, i am totally confused what action makes me feel that i dont fase any legal issue in near future regarding that

i really need your legal help

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