1) What were terms of development agreement?
2) was irrevocable POA executed in favour of developer personally or in favour of his firm
3) kindly clarify
As per sale agreement 99% of flat value paid to developer but sale deed could not be registered due to dispute for last 20 years. Now developer died and his son agrees to register the flat. But land owners all died and all heirs are untraceable. Can the builder/developer alone get the flat registered in our name ? If no, then what is the way out.
1) What were terms of development agreement?
2) was irrevocable POA executed in favour of developer personally or in favour of his firm
3) kindly clarify
There must be agreement executed between land owners and builder. There must be authority givin to builder or POA.
Builder legal heirs are bound by the agreement/POA. can execute sale deed.
1. Sale Deed can be executed by on-record legal heir's of deceased Developer, by annexing an Indemnity Bond. Here there is no need for Land-Owners signatures or whatever.
2. Land_Owners or his legal heir signature would be required ONLY for transferring Plot of Land (not Flat) in name of Society /Association.
Registrar can do. Apply to registrar stating all facts and details of land owners and builders, along with the copy of agreement.
Seek permission from the competent court and competent jurustics area under 151 of cpc.
Prove to court steps taken to find out the land owner or legal hirers
Do as per the direction of the court
See in this case if there is no conveyance in favour of society or builder from land owners then in that case only option to.file suit before the civil.court and get ownership rights declared on the flat.
The land or the flat must have someone who is a heir to it. If there is no one then the state would take over the property. In that case nobody else would get the property.
Regards
1 Since the developer does not ave any right, title and interest in the land beneath the building without the legal heirs of the landowner the buyer of the flat would not get a good title in the flat.
2. Since many of them are untraceable your remedy lies in the consumer forum therefrom you would get necessary reliefs.
3. So do accordingly.
1. The copies of the development agreement and the sale agreement are required to be perused before commenting on the matter.
2. If the development agreement is irrevocable and without any condition, then the legal heirs of the developers might register the said property.
3. Before the said registration, they shall have to enter in to a sale agreement by which they will enter their appearance in the matter as legal heirs of the original developer.
If the registrar refuses to get the sale deed registered through the builder then you can approach court of law against the registrar seeking direction to register the same as per law if the provisions of law permit you to get the sale deed registered at this stage.
- Firstly you should check , what is the status of builder in the sale agreement , if the builder was having registered POA with them , then his son can registered the flat being the legal heir.
- But, if not having any right to transfer the flats on behalf of the land owners, then you should file a suit in the civil court for declering you as owner , on the ground of 99% payment , and also on the ground of adverse possession as well.
- No, if the builder was not having any right to transfer the flat , then registeration will be not valid.
In case of builder dies, buyer has to submit his death certificate and get registration done with the sub-registrar office or file civil suit before the court and get ownership as per law
No it will not be possible without legal hiers of the land owner.
You have to file suit for specific performance and declaratory suit against developer son nd legal representatives of onwer of land.