THE BUILDERS/DEVELOPERS/SELLERS HAVE A CLEAR CUT STRATEGY. IT IS A CLEAR CUT CASE, WHERE THE TITLES ARE DISPUTED OR HAVE DISCREPANCY OR THERE ARE ORIGINAL AND GENUINE CLAIMS AGAINST THE PROPERTY. THE DEVELOPERS BUY IT OR ENTER INTO A JOINT DEVELOPMENT AGREEMENT KNOWINGLY WELL AND OFFER THESE PROPERTIES AT ATTRACTIVE PRICES AS `PRE LAUNCH OFFER`.
WHEN THE LITIGATION IS BROUGHT TO THE NOTICE OF THE BUYER, THE DEVELOPER NORMALLY AND GENERALLY APPROACHES THE COURT AND GET SOME RELIEF, BUT SUCH RELIEF IS TIME BOUND AND IS VALID TILL THE DISPOSAL OF THE CASE. BUT THE SHREWD AND NOTORIOUS BUILDER WILL DEFINITELY LOSE THE CASE AND PREFER AN APPEAL AND CONTINUES TO DODGE THE BUYER WITH THIS KIND OF UN DISPOSABLE SUITS AND PROLONG THE SAME.
TOP BUILDERS OF BANGALORE HAVE SEVERAL CASES ON `PRIME PROPERTIES` AND HIDDEN VIOLATIONS OR HAVE OBTAINED BUILDING PLAN APPROVALS IN CONTRAVENTION TO THE PREVAILING LAWS BY MISREPRESENTING THE FACTS.
BEWARE AND DO NOT COMPROMISE ON THE TITLE AND DO NOT BUY PROPERTIES, IF THEY HAVE LITIGATION, EVEN THE BIGGEST OF THE BIGGER DEVELOPER CAN DO `NOTHING` IN THE COURT OF LAW. MANY SUCH CASES ARE PENDING AND ARE AT VARIOUS STAGES IN THE COURTS ACROSS THE COUNTRY.
It is advised to conduct a thorough scrutiny/examination of the property documents, licenses, approvals, katha and related clearances from an expert advocate, before entering into an agreement of sale.
The Sale Agreement and The Sale Deed are very important documents, which must be drafted with utmost care and all relevant details regarding the acquisition of the property, flow of titles, approvals, consideration, conditions and clauses must be incorporated as per the prevailing and enforceable laws.
The entire exercise of this examination is to ensure that the titles are in order and also to avoid the futuristic litigation. But, this process, if diligently conducted, will provide a picture of the property titles, whereupon the purchaser can decide either to buy or to withdraw from the purchase, based on the report or opinion.
The Advocate cannot/might not promise or assure that there will not be any future issues or litigation.
The Advocate can study, scrutinise and examine the documents submitted and explanations given/provided by the seller and REPORT HIS VIEWS OR FINDINGS to the purchaser. Based on such a report/view/opinion, the purchaser can decide, whether to buy it or not.
This study and examination is intended to avoid buying properties with defective titles or properties with discrepancies.