Madhav Medhekar 23 June 2023

One time maintenance recovery dues

Hello
we Purcahse flat from Builder (Firm is partnership firm and unregistered) in 2007. He completed project in 2013 and form Co-op Society. But he collected one time maintenance from flat owners ( Amt. around 1.10Cr.) but in 2015 he died and another partner abscond. partnership firm declared insolvency and bankruptcy. Dead partners son is in contact he said our land is in litigation if it solve then we sell land and pay your one time maintenance. But there case is still in court. Can Housing Society filed debt recovery case against dead partner sons as per civil procedure code?

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Quick Summary

A housing society purchased flats from an unregistered partnership firm in 2007, with the project completed in 2013. The builder collected significant one-time maintenance dues but later died, with another partner absconding and the firm declared insolvent. The society is seeking to recover these dues, potentially through a debt recovery case against the deceased partner's son, whose family land is currently in litigation.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 24 June 2023

If the legal heirs of the deceased debtor have acquired the properties of the deceased debtor then the legal heirs can be sued for recovery of the due amount by filing a money recovery suit to the extent of the value of the properties inherited by the successors in interest of the deceased debtor.

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Dr. J C Vashista (Advocate ) 24 June 2023

The firm is stated to have been declared insolvant and bankrupt after considering assets and liabilities of the firm, which was otherwise unregistered, accordingly successors of deceased / abscoding builder(s) have no legal liability