I rented a flat in Somanath Apartment in May 2013. The owner bought it in November 2012. In April 2015, KSFC came to the apartment and put up a possession notice. The builder hadn’t repaid a loan taken in February 2006. The builder had sold the flat to another builder in February 2011 without telling KSFC. KSFC registered the loan against the property in May 2013. They didn’t do anything for seven years before that. Now they’re saying the loan was for Gauri Apartment. Can KSFC take possession of the flat? What are my rights, and who can I file a case against?
Best Answer
KSFC’s claim is likely invalid as they registered the loan against the property after your lease began. You have the right to defend your tenancy and can file a case against KSFC to protect your interest. You may also have grounds to file against the original builder for failing to disclose the loan and the subsequent builder for not informing you about the encumbrance.
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