Chandrakant K. Soman (Manager) 31 July 2011

Cancellation of second name from agreement to sale of flat

Dear All,

Please guide me on following issue:

A and B are the co-owners of a flat for which they have entered in to a registered agreement to sale. Possession of flat is yet to be received since it is under construction. A wants to remove B's name from registered agreement to sale on the basis of death from the registered agreement to sale. A claims that he had paid all the amounts to the builder towards the purchase of flat. All the documents related to flat are in the possesion of B's wife, who left the home on B's death alongwith her daughter. A also claims that she had expended enough amount on B. B's wife is not having good relations with A.

Can A remove the name of B from the agreement to sale on the basis of death of B.

Please reply.

C.K. Soman

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 31 July 2011

NO. in the ordinary course, B's joint rights with A would devolve on his legal heirs, viz. his wife and other leaal heirs. However, If A has paid all the money in fact the question would arise as to why B's name was included! However, A can file title suit to prove his title which would be a long drawn battle. It would be prudent to resolve the matter on amicable terms.

vasudevan

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Chandrakant K. Soman (Manager) 01 August 2011

Dear Sir,

Can builder give some wayout of this problem?

C.K. Soman