Hi Sir, I have purchased a flat in joint venture. The registration was done on May 2014. The sale deed was done by builder side. The builder has given power of attorney to that person who was signed in the sale deed. Now, the builder put on a case like the sale deed is in valid. He registered a case on March 2025. My question is is this the case is valid or not. I paied 90% of amount through Bank, in this 80% was done through Bank loan. I heard till 12 years of registration, can register a case like sale deed is not valid, the signature is wrong etc it it true? My case registration was done around 11yrs 10 month's. Please guide me. Thanks in advance Mohan.

Ans: Property dispute cases create deep stress. You acted with trust. You paid almost full amount. Now a legal challenge has started after many years. I will explain the matter carefully. I will also give you a 360-degree perspective on what you should do next.

» understanding your situation clearly

– You bought a flat in joint venture.
– Registration was done in May 2014.
– Sale deed was signed by a person with power of attorney from builder.
– Builder now claims the sale deed is invalid.
– Builder filed a case in March 2025.
– You paid 90% of the amount.
– 80% came through bank loan.
– Almost 11 years 10 months have passed since registration.

This is a serious dispute. But law is usually on side of a bonafide buyer.

» checking validity of sale deed timing

– Law gives time limits for challenging registered documents.
– The general period is 12 years for property related challenges.
– But sometimes it is counted from the date the cause of action arises.
– In your case, the registration is old and in public record.
– You paid money, took bank loan, bank verified documents before sanction.
– All these make your position stronger.
– A builder suddenly claiming invalidity after nearly 12 years weakens his case.

Still, final validity can be decided only by a court after full hearing.

» power of attorney angle

– Sale deed was signed by a person with power of attorney from builder.
– If that power of attorney was valid at that time, the sale deed is valid.
– The builder giving POA means he authorised that person to sign.
– Unless the POA was fake or revoked before signing, builder cannot deny it now.
– You can obtain certified copies of POA from sub-registrar office for proof.

Proper POA is strong defence for your sale deed.

» bank loan verification importance

– Banks do not release loan without legal verification.
– Bank lawyers check title, encumbrance, and chain of ownership.
– Your bank releasing 80% means documents passed their due diligence.
– This legal verification helps you show that you acted in good faith.

It adds weight to your defence in court.

» legal action now required

– You cannot ignore this case.
– Hire a property lawyer experienced in civil cases immediately.
– File written statement with all proofs:

Sale deed copy

Bank loan sanction letter

Bank legal opinion copy

Receipts of payment

Builder receipts and allotment letters

POA copy and registration details
– Ask your bank to join as a party if needed.

Early legal response is critical. Courts act on evidence, not assumptions.

» about the 12-year period you heard

– There is a 12-year period in property law, mostly related to adverse possession or limitation to recover possession.
– In challenging a registered sale deed, there is usually a three-year period for challenging due to fraud or mistake.
– Some cases allow longer if claim is about title, but delay weakens the case.
– Courts do not favour builders waking up after a decade to dispute their own act.
– But limitation period is technical and depends on case facts.

Only your lawyer can confirm based on case documents.

» what to do financially meanwhile

– Do not panic sell or stop loan payments.
– Continue paying EMIs to avoid bank action.
– Keep all communication and legal notices safe.
– Avoid emotional settlement without lawyer advice.
– Do not sign any new documents with builder without legal vetting.

Staying calm and structured keeps you strong in court.

» risk control for future

– Always check POA carefully in property deals.
– Prefer direct builder signatory if possible.
– Get independent legal opinion before registration.
– Keep certified copies of all legal papers forever.
– Inform family about location and safety of documents.

This avoids future disputes and confusion.

» final insights

Your case appears strong. You bought in good faith, registered property, paid almost full, and bank verified. Builder challenging after nearly 12 years is weak unless he proves fraud. Still, law works on evidence and process, not assumptions. Engage a competent property lawyer. Prepare all papers. Cooperate with bank. Respond on time. Do not panic. Courts usually protect genuine buyers when builder tries to undo his own transaction after such a long period.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment