Questions of law

5 years ago

Dear Learned members

Case: Allotment letter has already been issued in the name of co-owners 7 years ago where one of the co-owners died 2 years ago.The builder has been informed about the death but not willing to transfer the property. The builder says property will be devolved among legal heirs as per succession act.

It is an under construction property and possession is delayed by 4 years, far from completion. The ownership transfer has not been done by builder yet. The builder is a guardian of the payment made where entire payment is made by one of the co-owners. The co-owner is not sure if possession will be given by builder or not and how many years more it will take to complete the project

Question No. 1. Will the succession Act apply where ownership transfer has not been made by builder? Pleases support your answer with some judgment/citation The current status is property is with the builder and surviving co-owner has made the entire payment..,,question is..succession act applies or not before ownership of transfer rights ????? The answer to this question can make or break the case in court of law...Rest everything is secondary

Question No. 2. One of the co-owners died intestate but he disowned his sons earlier. so question arises Whether the disownment be considered as notice of will of deceased died interstate?

Question No. 3. Since the allotment is in the name of both co-owners where one died intestate, Can the property be transferred to one of the co-owners who made the entire payment where ownership rights have not been transferred from builder to any of the co-owners yet?

Question No. 4: . In worst scenario, if succession act applies and property is devolved among disowned sons as well. Will the money be recovered by filing Declaratory cum Recovery Suit on the basis of Right Vs share from the disowned because 95% payment is made by surviving co-owner. 5% is still to be made to builder

Please advise