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Nabajit Barman   14 July 2019

who gives possession in case builder dies

in case a builder missing or died during the construction of a apartment then who will give the possession , noc, completion to the flat owner.


 9 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     14 July 2019

Dear Querist

Please share whether the Builder firm is Proprietor, Partnership, LLP, Pvt. Ltd. or Ltd. Co.?

This would help to give proper advise as to what could be done. 



Adv. Rohit Dalmia


kavksatyanarayana (subregistrar/supdt.(retired))     14 July 2019

Ji, Yes. what is your problem?  State full facts of the query to get reply.

Nabajit Barman   14 July 2019

the builder is a partnership firm. I have booked the flat two years before. and my part is almost completed. but since last three months the builder is missing. if I want to enter in to my flat Thn who can give me the noc , possession .does landlords have any right to stop me to take the possession

Kishor Mehta (CEO)     15 July 2019

The surviving partners are liable to give possession, however occupation/completion certificate from the local Municipal authorities is necessary before you occupy the flat.

Nabajit Barman   15 July 2019

but both the partner are missing

Adv Rohit Dalmia 9324538481 (Lawyer)     15 July 2019

You need to file the complaint with the Local Police Station under which that property comes. Let the Police investigate the matter and get the Partners found or their appoint POA HOLDER for the registration of the flat in your name. Regards Adv. Rohit Dalmia

G.L.N. Prasad (Retired employee.)     15 July 2019

If the flat is completed, go and occupy or keep some useless belongings and lock it.

1 Like

Prashant Dadlani   22 July 2019

GLN Prasad, no use of your suggestion of break-in house and occupy. In my case, OC was granted 2 years ago. Consumer forum ordered to deliver flat 15 days ago, but still I am unable to enter in my flat, as order is not executed yet by forum. If I break-in flat, it will be considered serious offence of tresspassing and vandalism. And it may take another 2-3 years wait for execution of order.. so pathetic situation in Indian judiciary.

G.L.N. Prasad (Retired employee.)     22 July 2019

I never suggested to break in.  If it is partially completed I have asked you to keep some belongings and lock your flat.  Please go through my reply.  Trespass and vandalism are offences and one can seek Police assistance armed with competent authority's orders and can enter into a flat devolved on him through proper orders of a competent authority.  Even police may accompany the owner to avoid friction and to give it a legal step and to record taking peaceful possession.

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