Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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jagpal Singh (xyz)     21 July 2018

Legal interpretation

Dear  Learned members

You always help people with your honest and valuable advise. Made a difference in thousand of thousands people lives and can't be expressed in words. Hats off to you.

Case: Allotment letter has already been issued in the name of co-owners 7 years ago where one of the co-owners died 2 years ago.The builder has been informed about the dealth but not willing to transfer the property based on the succession act - making share of the disowned in the property.  

It is an under construction property and possession is delayed by 4 years, far from completion. The ownership transfer has not been done yet by builder. 

The builder is a guardian of the payment made where entire payment is made by one of the co-owners. The co-owner is not sure if possession will be given by builder or not and how many years more it will take to compelete the project 


Question No. 1. Will the succession Act apply where ownership transfer has not been made by builder?  Pleases support your answer with some judgment/citation 

The current status is property is with the builder and survving co-owner has made the entire payment..,,question is..succession act applies or not before ownership of transfer rights ????? The answer to this question can make or break the case in court of law...Rest everything is secondary


Question No. 2. One of the co-owners died intestate but he disowned his sons earlier. so question arises 
Whether the disownment be considered as notice of will of deceased died interstate? 


Question No. 3. Since the allotment is in the name of both co-owners where one died intestate, Can the property be transferred to one of the co-owners who made the entire payment after expiry of the other where ownership rights have not been transferred from builder to any of the co-owners?

Question No. 4: . In worst scenario, if succession act applies and property is devolved among disowned sons as well. Will the money be recovered by filing Declartory cum Recovery Sult on the basis of Right Vs share from the disowned because 95% payment is made by surviving co-owner. 5% is till to be made to builder 

Please advise



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