Client purchased a Flat in ₹2.50 Crore, Two Years Later, Someone Else Claimed He Is the Real Owner of Flat.
About the Client
A 38-year-old IT professional in Gurgaon who bought a 3BHK flat in a well-known residential society in Sector 67 for ₹2.50 Crore. He had taken a ₹2 crore home loan from a leading bank. He and his family had been living in the flat for two years.
What Was the Problem
One morning, my client received a legal notice from a man claiming to be the "real owner" of the flat. This man said he had purchased the flat directly from the builder five years ago, paid the full amount, and had an allotment letter and payment receipts to prove it. His demand was that our client vacate the flat within 30 days.
Our client was shocked. He had bought the flat through a property dealer, paid the full amount, got the registered sale deed from concerned Tehsil office. He also got a home loan from national bank — which means the bank had also verified the property. Client was not able to understand that if he has all the document with him, how could someone else claim ownership?
When we looked into the matter, a shocking truth came out. The builder had sold the same flat to two different people. The first buyer had paid the builder in cash and never got the sale deed registered. He had only an allotment letter. The builder then sold the same flat again to our client, this time with a proper registered sale deed. The builder had pocketed money from both buyers.
What Made This Case Difficult
- Both the buyers had genuine payment proof
- The first buyer had an allotment letter dated 5 years ago
- Our client had a registered sale deed dated 2 years ago
- The builder had disappeared, his office was shut downand their official phone numbers were switched off
- The first buyer had already filed a police complaint against our client
- Our client's family was living in the flat with two young children
How SPJ Advocates Handled It
Week 1 — Protecting Our Client's Position
- Filed a civil suit for declaration in the Gurgaon District Court asking the court to confirm our client as the rightful owner.
- Got ainterim order that stopped the first buyer from troubling our client or trying to take possession
- Showed the registered sale deed and court order to the police. Police official hold the further working on the complaint.
Week 2–4 — Proof Collection
- Cross checked the flat property chain (ownership history) from the Sub-Registrar's office. it clearly showed our client was the legal owner
- Found that the first buyer had only an allotment letter. He had never converted the allotment into a registered sale deed
- Under Indian law, an allotment letter alone is not enough to prove ownership. Registered sale deed can override the allotment letter.
- Tracked down the builder through government company records and sent him a legal notice for cheating both buyers
Month 2–4 — Court Proceedings
- Presented the property chain documents to prove that our client was the legal owner
- Argued that under Section 54 of the Transfer of Property Act,, any property sale above ₹100 must be done through a registered document.
- The first buyer's lawyer could not producea single registered document in court
- The court noted that our client had bought the flat honestly, paid the full price, and even had a bank-approved home loan
Month 5 — Case Resolved
- The court ruled in our client's favour and confirmed him as the legal owner of the flat
- The first buyer was told to go after the builder to get his money back.
- We helped file a criminal case against the builder for cheating both buyers
- The builder was found and arrested by the police
- Legal proceeding is still going on against the builder
Week 2–4 — Proof Collection
- Cross checked the flat property chain (ownership history) from the Sub-Registrar's office. it clearly showed our client was the legal owner
- Found that the first buyer had only an allotment letter. He had never converted the allotment into a registered sale deed
- Under Indian law, an allotment letter alone is not enough to prove ownership. Registered sale deed can override the allotment letter.
- Tracked down the builder through government company records and sent him a legal notice for cheating both buyers
The Result
Result was in our client favour. He got his flat back. The registered sale deed was confirmed as the valid ownership document. The police complaint was closed. The builder is now facing criminal charges for selling the same property twice.
After this case, our client asked us to do a complete title verification of a plot he was planning to buy in Sector 45.
Worried about your property's ownership? Don't wait for a legal notice to find out. Get a title verification done today.
📞 Call SPJ Advocates: +91-8920245815
