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AMy uncle bought a house back in 2018. He has all the necessary documentation — the registration papers, bank clearance, allotment letter, etc. — and has been living in the house since then without any issues.
Recently, we received a notice from another individual claiming that the same house was actually sold to him before 2018. He alleges that he also has an allotment letter and registration documents. He claims to have reached out to the builder but received no response. Now, he’s threatening my cousin with legal action and possibly worse.
This has caught us completely off guard. My cousin has official documents and has had possession for years. But this other person insists he has paperwork too.
Questions:
1. Is there any real chance we could be forced to vacate the house?
2. Or is this strictly a matter between the other person and the builder?
3. What should we be doing right now to protect ourselves? -
FI’m sorry to hear about the stressful situation your family is facing. Here are some steps you can take:
1. **Verify Documents**: First, ensure all of your uncle’s property documents are in order, including the sale deed, possession certificate, and any communication with the builder. Check for any discrepancies with the property title.
2. **Consult a Lawyer**: Visit a property lawyer to review both your uncle’s documents and the notice received. Sections 17 and 49 of the Indian Registration Act, 1908, related to property registration will be relevant.
3. **File a Police Complaint**: If you suspect fraud, file a complaint at the local police station under sections like 420 (cheating) and 468 (forgery) of the IPC. This can provide you some protection against harassment.
4. **Communication with Builder**: Approach the builder in writing to verify their side of the story and their knowledge of any previous transactions.
5. **Civil Suit for Injunction**: Consider filing a civil suit in the local court to declare your title and seek an injunction preventing the other party from claiming the property.
It’s crucial to act quickly and gather all possible evidence to support your case.
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