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Legal Question

AnonymousLLB 23 Mar 2015, 13:38

Dear Sir ,

Wish u fine day !

Sir, my question is that if a builder has built a apartment building and sold the flats to different persons, subsequently one of the apartment owner (A) sales his flat to other person (B)and (B) after purchase of flat found some deficiency/defects in title, builtup area, lease etc. which requires involvement of builder for rectification of deficiency/defects by (A). whether the liability of builder is also applicable to this other person (B)?

If yes can the builder be suide for deficiency /defects of services by (B) ?

Pl. suggest legal remedy with citations if any with regard to liability of builder towards both A & B , Sir your early Suggestion will be highly appreciated .

Regds,

JHKotecha

email : (jhkjbp[at-the-rate-of]gmail[dot]com

) Ph: 0761-2404223

2 Replies

AnonymousLLB 23 Mar 2015, 13:40

[quote=“JHKotecha” post=12164]Dear Sir ,

Wish u fine day !

Sir, my question is that if a builder has built a apartment building and sold the flats to different persons, subsequently one of the apartment owner (A) sales his flat to other person (B)and (B) after purchase of flat found some deficiency/defects in title, builtup area, lease etc. which requires involvement of builder for rectification of deficiency/defects by (A). whether the liability of builder is also applicable to this other person (B)?

If yes can the builder be suide for deficiency /defects of services by (B) ?

Pl. suggest legal remedy with citations if any with regard to liability of builder towards both A & B , Sir your early Suggestion will be highly appreciated .

Regds,

JHKotecha

email : (jhkjbp[at-the-rate-of]gmail[dot]com

) Ph: 0761-2404223[/quote]

AnonymousLLB 23 Mar 2015, 18:09

It all depends upon execution of your sale deed/conveyance deed with the person (a) as well as old deed executed between (a) and the builder.

Also, if the Unit has been handed over and 12 months has been passed or as per the specifications furnished during the time of booking/allotment/possession, you do not have the right but in-case any major fault is coming, you can definitely file a suit against the builder but also check your association which is formed.

You have a right against (A) and builder, both.

Regards,