• Payment issues

Hiii, I am Vishal from navi Mumbai....I m book one property at panvel, applicant is dead, and I m co -applicant, that propertys deal is cancle by late payment. I m submit applicants death certificate, but   builder payment not give me....how r i do
Asked 1 year ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) how much payment made by you ? 

2) what are clauses in agreement signed with builder for refund of money in cancellation of booking ? 


3) issue legal notice to builder and seek refund with interest after deduction of cancellation charges 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
1. What is the relationship between you and the co=applicant?
2. Since co-applicant is dead you need NOC of the co-applicant so you buy the property exclusively or the legal heirs of the co-applicant will have to be made party to this purchase deed.
3. On the death of the c0-applicant you alone can not buy this property.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
Hi, issue a legal notice and ask the builder to pay the booking amount and if he does not paid the amount you have to approach the consumer forum for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
What is the amount paid ? 

The allotment letter must be mentioning schedule of payment and cancellation charges leviable 

 Contact a local lawyer and issue legal notice to builder 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
If you are a co-applicant, you may very well make a demand for refund of the payments made on the basis of evidences for the payments made. 
If the builder is not agreeing to pay by verbal request, you may issue a legal demand notice giving the details of death of the first applicant, on his non-compliance, you may initiate further legal action through consumer forum as well as through civil court for compensation and recovery with interest. 
The builder cannot refuse the refund. 
T Kalaiselvan
Advocate, Vellore
13935 Answers
127 Consultations
5.0 on 5.0
When was the payment made to the builder from your account (first and last payment), if you are one of the co-applicant then the builder must have sent a reminder to make payment to the applicants, ascertain if this was sent.
when was the deal cancelled by builder and when did you learn of this cancellation, further after you came to know of the cancellation when have you submitted the letter along with death certificate of your Grand in laws seeking for reconsideration of the cancellation.
If builder does not revoke the cancellation, you can approach the civil court and seek revocation of the cancellation, contact a local advocate to take this forward
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Hi, if there is no agreement is signed between you and builder then issue a legal notice for recovery of the amount and if he fail to pay the amount then file a suit for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
A. As per your two queries, that applicant transferred the amount by way of cheque without entering into any agreement. Have signed any booking form? Was there any mentioned terms and conditions?

B. In the absence of agreement's terms and condtions, Issue a legal notice by narrating all the facts and mention to return the booking amount by divulging payment details.

C.  Thereafter, being you are co applicant, you can file a suit for recovery of money under the summary proceedings  to claim this amount alongwith interest.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. It seems that the builder is not refunding the amount which had been paid to him at the time of booking.

2. You may be informed that prior to demand of refund you ought to issue a legal notice for cancellation of agreement/booking, as the case may be, to the builder. 

3. You should issue a lawyer's notice to the builder to cancel the agreement and also to seek the refund of the amount.

4. If the builder does not meet your demand then you may file a lawsuit for recovery against him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. You can send the builder a ;legal notice claiming refund of the amount paid if there is no forfeiture clause in case of cancelling the booking,

2. You can approach the consumer court in case he fails to refund you the amount,

3. If there is a clause of forfeiture  then you shall have to pay the penalty or get the advance amount paid forfeited. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
 If there is no agreement signed by and between you about the penalty for cancelling the booking, you can approach Consumer court for refund of the amount already paid by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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