Legal Question in Real Estate Law in India

Mam, My Father had got expired on 24th April, 2010 and my mom prior to him on 22nd Nov. 2009. My father had booked a flat for me at Dombivali in the year 2008 of which 1 year of taking possession validity ended on 10th of May 2010. Now, as father was no more to take possesion of the flat, me tried to pay the remaining amount to the builder and take the possesion. But builder then denies saying he will not give the flat but only the amount paid for the same flat equally between legal hairs (we are 3 in nos. me, my sister and my elder brother). Now, if we are asking for the amounts' share, it should be with the INTEREST CHARGES till date ie; till 6th Jan. 2014. As the builder had utilised our funds with him for more than 4 years? please reply me very soon. and also mention the INTEREST RATE to be recovered by the builder in this case.


Asked on 1/07/14, 3:27 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

it is your option whether to take the money or ask for flat. The builder cannot refuse under law for the flat. You may take the flat in the name of all legal heirs or in the name of one, the remaining legal heirs giving no objection. The builder has to accept such documents or else you may go to court of law for specific performance of booking/allotment contract against the builder.

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Answered on 1/08/14, 4:06 am


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