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How to regain property through RERA

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property | RERA

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Sir, we have purchased a property under mortgage. The seller and his son litigated the property without knowing the bank. The bank sanctioned with additional loan and sold the property. But seller’s son and daughter encroached part of property by filing civil suit by referring pending civil suit. Now 14 month passed unable to regain my property. I don’t know whether RERA is applicable in this case. Please advise how to regain property through RERA?

Asked from: Gujarat

It sounds like you are facing a complex legal issue related to a property that you have purchased under mortgage. The fact that the seller and his son litigated the property, and that the seller’s son and daughter have encroached on part of the property, can make it difficult to regain possession of the property.

It’s unclear from your question if the property falls under the purview of the Real Estate Regulation and Development Act (RERA). RERA is a central law that regulates the sale of real estate and promotes transparency and fairness in the real estate sector. However, RERA applies only to specific types of real estate development and construction projects and it’s not clear if your case fall under it.

It is best to consult with a lawyer who is experienced in property law and RERA matters for guidance on the specific details of your case. They can help you understand your rights and options, and advise you on the best course of action to regain possession of the property.

They may also advise you to file a case in the court of law, as the legal proceedings might be the best way to settle the dispute and regain possession of the property. It’s important to note that legal proceedings can be time-consuming and emotionally taxing, so it’s best to be prepared for a long process.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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