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Praveen Sharma   09 December 2023

Builders did a fraud in providing house & now he is dead.

My case is unusual than others, I have Purchased a land from the builders who was going to give me a full constructed House Possession.

With me, my 2 Friends invested there money too in same thing.

At that time he showed us a ground on which he was constructing but as time passes he did a fraud and While getting the map Verified he Never mentioned which house is next to which. I.e he sold the same Land to multiple people and made more registry than the actual land.

 

Now after some years he was not able to give us possession so he kept pushing to settle for different property and expensive property if we fulfill the amount difference.

 

Fast-forwarding, The builder passed away some time back and now his sons are managing his Company, and after Talking with them they agreed to settle this soon but again they are just pushing dates. And now it's been a year with son's too.

 

I don't understand at what section should I file the case.

I'm really Confused and it's Sad that how a person can do this kind of fraud and not take any accountability.

 

According to me, if i person is going to take Father's Property and profits than he should also be liable to pay for his debts.

(We have a Passed Map of Our House from city developing Authority, we also have a registry on our name.)

Please Answer & help in any way you can.

Thanx.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2023

If you had purchased the property by a sale deed and the same is not found physically then you can file a suit for delivery of possession against the deceased developer's company by bringing the son of the developer on record.

Before that you issue a legal notice to the son to deliver possession of property purchased with correct and proper demarcaation of the property.

Dr. J C Vashista (Advocate and Legal Consultant)     10 December 2023

Sons and other LRs of deceased builder may be sued for specific performance of the sale transaction through a local prudent lawyer.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 December 2023

 if a seller/buider or buyer dies before a real estate deal is completed, their executor is obligated to execute the agreement on their behalf, and this obligation is not cancelled by their death. While an executor or administrator is appointed to administer the deceased’s estate, there may be a delay in the transaction’s completion. If the transaction is part of a land assembly, the entire land assembly and redevelopment process could be stopped as a result of the delay.

ripen well   11 December 2023

To assert ownership of the deceased developer's company, you may initiate a legal action by including the developer's son as a party in the litigation.

https://www.lawyersclubindia.com/forum/agreement-tunnel rush-to-sale-dispute-232059.asp


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