A residential plot sold by a property developer on instalments is now ready for possession, and the developer has demanded a final payment, threatening to cancel the plot if not paid within 30 days. The purchaser, however, has passed away without leaving a Registered Will. The deceased paid all previous instalments to the developer. There are two legal heirs and one of them is refusing to pay his half share of the due final instalment, citing he has no funds. As for the other heir, he has requested that the developer assign his sole name for ownership, as only he will be able to pay the full amount, i.e. if the plot is to be cancelled for non-payment, then the loss must be of the person refusing to pay. There is currently a reluctance on the part of the developer to do this because they are concerned about a possible lawsuit from the non-paying heir. Questions: 1. Can it be argued with the developer that by cancelling the plot, they will be harming the interests of the heir who is willing to pay the full amount. 2. Can the developer impose a time limit for the final payment and then cancel the plot for non-payment - given that the named owner has passed away? 3. Are there any other options available to the heir who is willing to pay - besides paying the other heir's share and then claiming it later from him?
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1) legal heir can make balance payment on behalf of other legal heir too
2) get plot registered in joint names of legal heirs
3) then sue other legal heir to recover payment made b6 him
4) developer can impose time limit for making final payment
5) amicable settlement is best option
Let's file case with RERA to get desired relief.
1. Yes
2. Yes he can you need to move court for taking time from developer
3. You can make the heir party in court proceedings and make him pay the same
1. The legal heir who is willing to pay the balance amount fully to get the possession of proeprty left behind by his deceased purchaser cannot claim ownership of the entire proeprty to himself.
He should remember that he is one of the legal heirs to succeed the property left behind by the deceased purchaser.
If the legal heir is willing to pay the full balance of payment by himself, he may make an account of the same and later on can issue a legal demand notice to the other legal heir for recovery of his share of amount and recover the same by following due process of law.
The developer is right is demanding the NOC from the other legal heir to allot the property in favor of one legal heir alone.
2. The developer can impose penalty or fin towards the defaulted period of payment of balance of sale consideration amount.
3. Read the first answer above.
