Refund: Does the homebuyer have the same rights as the original allottee?

Name withheld on request

We have assumed that the original allottee had sold the under construction flat with the consent and approval of the builder through a tripartite agreement executed between the original allottee, the builder and the buyer, whereby the rights of the original allottee were transferred and assigned to the buyer. .

If the builder fails to hand over the possession of the flat to the buyer within the time period specified under the agreement for sale, the buyer is entitled to relief under the provisions of the Real Estate (Regulation and Development) Act 2016. ,

As per the Act, the buyer may, without prejudice to any other remedy, withdraw from the project and the builder shall be liable to refund the amount received in respect of the flat along with interest at such rate as may be prescribed along with the compensation in this behalf. Can in the manner provided under the Act.

A person died intestate leaving two legal heirs. Is it necessary to start inventory proceedings to determine the shares for the division of property?

Name withheld on request

We have assumed that the person who died intestate or without making a will was a Hindu, governed by the provisions of the Hindu Succession Act, 1956. 50% undivided right, title and interest in the person’s property.

Accordingly, the limit and/or the wealth may be apportioned by equitable distribution/division (of movable assets capable of being liquidated).

Normally, under the Code of Civil Procedure, the properties (movable and immovable) of the deceased are listed and then divided with reference to the intestate succession laws governing the deceased. However, if you want a formal order from the court to determine your share in the inheritance, a partition suit can be initiated after listing the properties and seeking its division.

Aradhana Bhansali is a partner at Rajni Associates.