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UI purchased a property in January 2024 from Mr. X. This property was originally allotted in 2010 and had joint ownership between Mr. X and Mr. Y at the time of allotment and BBA. In 2016, Mr. Y requested the builder (let’s call them ‘Builder B’) to delete his name from the property ownership and transfer sole ownership to Mr. X.
To facilitate this, Mr. Y signed an affidavit and an indemnity bond, both attested by a bank. Builder B, in a letter, confirmed that Mr. Y’s name had been deleted, and Mr. X was now the sole owner. Mr. X also possesses a conveyance deed in his sole ownership.
I financed my purchase through a national bank, and the bank verified all the relevant documents before disbursing the loan.
However, in December 2024, after I purchased the property, Mr. Y filed a lawsuit against Mr. X, Builder B, and me. The suit seeks a Declaration of his rights to the property and demands a permanent and mandatory injunction. Mr. X and Builder B are listed as respondents/defendants, while I am also named as a respondent in the suit. I have received the summons for this lawsuit.
Where do I stand in this case and my ownership of the property. What are the risks involved and what should I do now.
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AHow can a builder delete the ownership name?
Did he relinquished the claim and update the records before concerned government authorities?
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UThe time when ownership deletion was requested by mr x, the possession of the property was not given. that means the property was not fully build and the inclusion of any govt authority does not come into picture.
to the best of my understanding, the govt authority steps in when the possession and occupation certificate is given.
i might not be fully correct on this..
Mr Y submitted a letter in writing to builder B that his name be deleted..in addition he also submitted an affidavit and indemnity bond both attested by a national bank. Builder B further confirmed on the deletion hence..
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VHi lawyer from delhi here!
Firstly, if the title deed of Mr. X is clear then you have nothing to worry about but as this process might take years. Hire a good lawyer immediately and get started with the ligations to get this asap.
If the registry is done and there is no stay on sale, you can sell it off.
About the case: you have not much of a role in this but you have to submit a copy of your documents along with a reply.
But as Mr.X has already got the amount he might not pursue it well, so it would be advisable you hire a good lawyer to represent all three of you.
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