Builder Has Not Honoured Sale-Deed. What Action Should I Take?

san_bangalore007 28 Aug 2013, 11:37

Dear sir,

I sold my property (8000 Sq.Ft.) in May 2012 to Prayag Builders, Nagpur for a consideration of Rs.XYZ along with one apartment (in the building to be built by the builder) in my name.

At the time of Sale-Deed, in the registrar office, I was given a single Demand Draft and the balance amount was given by way of post-dated cheques.

I wish to let you know that all the post dated cheques have “bounced” back. Also, the builder is yet to start construction of the building stating that he is having issue with his partner who has taken a 20% stake in the sale-deed.

NOTE: I am currently in Bangalore.

It is now more than one year, please advice on how I can get my amount and apartment?

Also, if the builder’s partner is willing to buy the apartment allocated to me in the SALE DEED, can I sell it as I am in need of money?

1 Reply

AnonymousLLB 28 Aug 2013, 18:09

You have probably missed the time line for initiating Section 138 (NI Act) proceedings. You may still be able to pursue a criminal case for cheating under Section 420 of the IPC.

Any civil proceedings to regain title/possession of the property or damages for non-delivery is likely to be expensive and time consuming.

However, if you need the money and are able to exit the project, please do so.

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