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debendra trivedi (na)     01 November 2014

How to register a flat when the builder died

my brother booked a flat at madhyamgram near kolkata in last nov 2013 ...and applied for a home loan in united bank of india..now the builder has died and the land owner is saying that he will not registry the flat to my brother..how we can get relief from that problem.we have already paid 60% of the flat cost.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 November 2014

If the sale agreement was made between the builder and the purchaser only, then the legal heirs of the builder can be impleaded as parties to the suit for specific performance of the contract, show the papers to a local advocate and proceed as per his further advise.

debendra trivedi (na)     02 November 2014

dear

kalaiselvan sir

thanks for your valuable response.

we talked to a local advocate and showed all the documents we have and he told us to make a case against the builder's company in consumer forum..and after that the court will give order and depending on that we can make registry.

My question is:-

1.Can we make registry depending on the court order?

2.Does the bank will sanction loan?

if yes then who will be the payee?

Adv S K Gupta (Advocate High Court)     05 April 2015

Answers to your questions are-

 

My question is:-

1.Can we make registry depending on the court order?

 

Yes that is the way how you will get relief.

 

2.Does the bank will sanction loan? Yes if other conditions are fulfilled.

 

if yes then who will be the payee? The person taking loan will be payee, its very clear.


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