Krishnamurthy (IT) 29 May 2021
The land under which construction is done belongs to builder and his wife. Builder is the sole proprietor and has no partners. Due to Covid, owner has died unfortunately.
I have taken loan from the bank and the registration of the property was done 1 month back. In absence of owner, whether his wife is liable to complete property construction and provide hand-over.
Sankaranarayanan (Advocate) 29 May 2021
You better to approach local lawyer with all documents and get advise then act accordingly
kavksatyanarayana (subregistrar/supdt.(retired)) 29 May 2021
The land belongs to the husband and wife and the builder is the husband and now the husband died. so the if legal heirs of the husband are interested in takeup project/construction work, then let them finish. Otherwise, you shall cancel it with the legal heirs including the wife of the late husband.
Dr J C Vashista (Advocate) 30 May 2021
You have stated to have executed agreement with the builder, who has now expired.
It has no concern with title (ownership) of the plot under construction.
All legal representative of deceased builder (including his wife) shall be liable/ responsible and impleaded for specific performance of contract between you and builder.
It will be better to consult and engage a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate (Advocate) 31 May 2021
If the agreement states that the legal heirs will fulfill the agreement obligation in the event of failure by the builder (since he has died now), the legal heirs can be held responsible for the completion or you have an option to cancel the booking due to the incomplete construction.
P. Venu (Advocate) 31 May 2021
The legal heirs are obliged. But what is their stand on the issue?
sneha jaiswal 31 May 2021
Hello, Greetings of the day!
For the query you posted, I would suggest that:
Her wife would not be accountable to complete property because that property was his husband’s and he was the sole proprietor to it. So, if his legal heirs or wife takes up the construction work again then you can claim the construction of the property otherwise, she would not be liable to complete the projects of his husband.
Note- But, if the contract specifically mentions the clause that the death of either of the parties shall not make the contract void or null, the contract remains valid and can be enforceable even on the death of either of the parties. Then, she may responsible for it.
For better guidance, I will suggest you consult a sagacious lawyer.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
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