Property purchase deal
Abhinay Kumar Shaw
(Querist) 19 May 2013
This query is : Resolved
Dear Sir / Members,
Please suggest any remedy or legal proceeding in the following Case.
Mr. X (Buyer) entered into a contract for Purchase of a Flat on the 5th Floor. with Mr. Y (Promoter / Developer).
The property has been sanctioned up to 3rd Floor by the Local Municipal Authority.
Mr. Y assured Mr. X that he will file a deviation appeal and generally the experience is that in that Municipality it use to be sanctioned by accepting Penalty.
It has been a long time but due to some unavoidable circumstances Mr. Y has not performed his assurance because the Deviation File has not been sanctioned yet.
Mr. X has got the Money receipt of Advance Booking on a White Page Letter Head of Mr. Y and duly signed on the Revenue Stamp and an original copy of the Sale Agreement.
Now, Mr. Y's physical condition is so bad and going down day by day.
However Mr. Y said that he has already applied but not got any report yet.
Now the point is that Suppose if Mr. Y die all of sudden.
Then what situation or circumstances will occur in front of Mr. X.
Whether Mr. X will be eligible to get the possession of the said Flat.
And if any things to be done by Mr. X before any such accident then please do suggest me on urgent basis.
Waiting for the Response eagerly.
Advocate Ravinder
(Expert) 20 May 2013
As the permission sanctioned is only upto 3rd floor and permission for 5th floor has not been sanctioned, do not go for getting the possession of the flat.
You concentrate only on how to get your advance money back. Immediately file a consumer case wherein you have to ask for recovery of your advance amount along with damages. Even though Y dies, the amount will be recovered from his legal heirs from the properties of Y or his legal heirs. You will win, but only a matter of time. You can contact me on ravinder2345(at)gmail(dot)com.
ajay sethi
(Expert) 20 May 2013
file complaint before consumer forum on account of deficency in service and ask for refund of money with interest and compensation
