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Author Topic: Possession of Apartment  (Read 117 times)

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Offline Aayushidas

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Possession of Apartment
« on: November 07, 2016, 11:40:11 PM »
I madhumita Das w/o Raju kumar Das purchased the flat in Dreamcity Khelgaon  flat No F - 119 (202), Second floor, Block A, Gadi, Hotwar, Ranchi JharkhandJharkhand and same has been approved by IDBI Bank and sanction my housing loan. After clearing all dues and despite of recieving possession letter from builder . He is unable to give us peaceful possession, every time he give us false date. Later on came to know that because of dispute between landowner and builder I am suffering. Builder told me several time to shift. Since my whole family is suffering mentally, financially for not delevering our flat. By taking words of Builder we planned everything for shifting and doing puja on the same day dated 16/10/16. But to my surprise the landlords family create an obligation ,shouting, for nearly 2 hours and when i ring again and again to builder he said he is coming. He came at the last moment around 2pm and he told after discussion with Landlord, they allowed to sleep for one night because of puja.
Next morning landlord have shifted everything to next flat in block B on the condition made by builder and landlord with several other people that we have to stay only for 2 days in different flat in block B so that builder will complete one flat of landlord . This statement has been made infront of several people and my guest in puja dated 16/10/16.
Till date whenever I approached, he said it will take one week only. Despite of his repeatedly giving false promises we continue to stay in his flat. Now it is going to be more than 2 weeks but he have not done anything regarding the registration and possession of my flat. All this is causing me a lot of mental agony and physical health issue. Landlord is taking the advantage of my innocent and not allowing us to enter in our own flat. It is my humble request and prayer to give me justice. What should I do?  Both builder and landlord taking advantage. They are not taking any steps for registration neither  allow to shift in my own flat.


Offline advJitu

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Re: Possession of Apartment
« Reply #1 on: November 08, 2016, 08:42:04 AM »
you have all the necessary papers and possession letter, without any delay take physical possession as par law it is your if needed take police assistance and a lawyer when you do it
Advocate Jitu, Champion -
Company law expert from Mumbai City

Offline Aayushidas

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Re: Possession of Apartment
« Reply #2 on: November 08, 2016, 09:06:12 AM »
Sir First of all thank you very much for your valuable suggestion.  Before I proceed I want to clear about the documents we have : 
1. Registered sale agreement
2. Loan approval of project by IDBI
3. Possession letter from builder
4. Electricity bill

                     

Offline adv.amarnath

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Re: Possession of Apartment
« Reply #3 on: November 08, 2016, 11:13:21 AM »
It is still illusive to me that whether you are in possession of actual flat which has been registered in your favour. Now, considering that you are in possession in actual flat and registration has done already then you have to file a suit for permanent injunction.

If you are not in possession of actual flat then you are in serious trouble. You have to send letter/ notice to developer for delivery of peaceful and vacant possession of the flat. If he still fails to deliver it up within 10 days then you have to file a consumer case against the developer as well as land owners. You will get lump sum compensation and litigation cost also.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Aayushidas

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Re: Possession of Apartment
« Reply #4 on: November 08, 2016, 08:12:57 PM »
Dear sir my flat is vacat and I am staying in builder share on the condition of complete the flat of landlords by builder. I am suffering what shall I do

Offline Aayushidas

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Re: Possession of Apartment
« Reply #5 on: November 08, 2016, 09:59:45 PM »
I purchased apartment from builder by registered agreement for sale of apartment in Dreamcity Khelgaon for flat No F - 119 (202), Second floor, Block A, Ranchi. The same has been approved by IDBI Bank and sanction my housing loan. After clearing all dues, the builder failed to give peaceful possession even after getting the possession letter. The reason is dispute between builder and landlord. my whole family is suffering mentally, financially for not delevering our flat in peaceful  possession. As per meeting and talking with builder several times regarding shifting which he said you can  do puja and shifting. By taking his words we planned everything but to my surprise the landlords family create an obligation for shifting and after discussion by builder with landlord , the landlord  allowed us to sleep for one night because of puja in my own flat.
We have shift everything but the builder made an conditions with the landlord that we have to stay only for 2 days in different flat in block B on the condition that builder will complete one flat of landlord . This statement has been made infront of several people and my guest in puja dated 16/10/16.
Till date whenever I approached, the builder said it will take one week only. It is going to be more than 2 weeks but builder have not done anything regarding the registration and possession of my flat. All this is causing me a lot of mental agony and physical health issue. And the landlord is threatening us that before registration you cannot occupy the flat. What shall I do? I don't have enough money to go for case as half of my salary goes for EMI.
My flat is vacat and landlord is not allowing till builder complete his share.
The documents that I have is
1. Registered sale agreement
2. Loan approval from IDBI Bank
3. Receipt of payment to builder
4. Possession letter
5. Electricity bill in my own name
Landlord is taking advantages of our simplicity
Regards
Madhumita

Offline adv.amarnath

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Re: Possession of Apartment
« Reply #6 on: November 10, 2016, 12:22:18 PM »
For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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