AFTER DEVELOPER'S DEATH HIS LEGAL HEIRS WIFE NOT DOING REGISTRY THE PROPERTY
2 weeks ago
I bought a flat in a three-story apartment in under construction status. The apartment construction and completed on a colony land in ward no. - 96, Jadavpur, Kolkata - 700032. The apartment has no sanctioned plan by KMC. Price of the flat is 18.5 lac. After signing the sale agreement I pay a total of 17.5 lac part by part to the developer. He gives me the physical possession of the flat. But then a few months later he passed away. I went many times to his wife to register the flat but she did not cooperate with me. what is the next legal procedure.
By entering into an agreement to sell an under-construction property with the Developer/Builder without verifying any faults or deficiencies, and taking possession of the flat without the necessary OC and CC issued by the Municipal Corporation, the situation has become complex. Additionally, the property remains unregistered in the purchaser's name following the Developer's demise. While the contractual obligation remains with the deceased Developer's legal heirs, their involvement is necessary to execute the deed of sale. However, until they are formally included as parties to the Joint Development Agreement (JDA) and Power of Attorney between the Land Owner and the Developer, the transfer cannot proceed. To address this, a civil suit must be filed in the appropriate Civil Court under the Specific Relief Act, naming both the landowner and the deceased Developer's legal heirs as parties, seeking specific performance of the contract and appropriate relief.
Lodge complaint in police station against legal heirs of deceased developer and also file civil case against them.
A.Dear Client,
Without verifying the lacunes or faults in an under-construction property you entered into an agreement to sell with the Developer/Builder and even take over the possession of the flat without an OC and CC of the building issued by the competent authority, i.e, the Municipal Corporation and in the absence of registration of the property in favour of the purchaser by the concerned Developer who expired meanwhile. The matter involves a lot of complexities that require a series of actions to get the property registered in your favour. The legal heirs of the Developer cannot deny the contractual obligation left by the deceased person. But until and unless the legal heirs of the deceased are impleaded as a party to the Joint Development Agreement(JDA) and Power of Attorney executed between the Land Owner and the Developer, the legal heirs of the deceased Developer cannot execute or register the deed of sell in favour of you. So, in the scenario, you have to file a civil suit before the appropriate Civil Court for the specific performance of a contract under the Specific Relief Act, impleading the landowner and the legal heirs of the deceased Developer as a party to said suit seeking appropriate relief in the matter. You need to consult with an experienced civil Lawyer dealing with real estate/property matters for guidance and steps.
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