• Refund for flat booking and registration

My father, registered and booked flats under his name. But, unfortunately he passed away in Feb 2024 and we want the refund amount paid for all the transaction done. We have the payment slips, documents and all the proofs on his e-mail id. Please let us know the procedure to follow to get the refund amount.
Asked 1 year ago in Property Law
Religion: Hindu

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10 Answers

There is no specific procedure . Write to the seller about cancellation of the agreement and refund of money.

If the agreement so provides it will be done.

If there he refuses to act as per terms of the sale agreement regarding cancellation and refund of booking money then filing case before the consumer forum s an option.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

i dont think you can ask for refund just like that

first you need to check the agreement clauses as to what is provided in this behalf

if the original allottee dies then the liability to pay further outstanding payments would fall on his legal heirs

only if there is any act by the builder, like delay in handover of possession or not following the agreement stipulations, can the heirs of the original allottee seek a cancellation and ask for refund

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. You can send a letter to the builder enclosing therewith your father's death certificate, payment slips, documents with all the proof of payment made by your deceased father to the builder and ask for refund.

2.  If there's no response from the builder, send a legal notice to resolve the problem.

3.  If the project is RERA approved, complain against the builder and seek it's intervention to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You should approach the builder  and inform them of your father demise 

 

Request builder to refund your money as not in position to proceed with said transaction 

 

3) builder will deduct the charges abd refund balance amount 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can approach the builder with a letter duly signed by all the legal heirs of your father and inform him that you do not want to continue this purchase process hence request him to cancel the booking and return the booking amount in the names of all the legal heirs or to one of the legal heirs chosen/authorized by other legal heirs 

You can enclose the death certificate as well s the legal heirship certificate if the builder is demanding them

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- Since, you have the proofs of payment with you , then you can get refund entire amount paid by your father.

- You can send a legal demand notice to him for claiming refund of the amount 

- If no refunded , then file a complaint before the consumer forum if the booking was with a builder , otherwise the case will be filed before the district court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Querist,

There will be an agreement between your father and that builder/ owner of the flat, read the agreement carefully because in the terms and conditions there will be a procedure for refund.

That terms and conditions of agreement are enforceable and based on those terms and conditions you may claim the refund.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

First raise a written demand with the flat promoters, attaching copies of your father's death certificates and receipts. If there is no satisfactory response, send them a legal notice through a competent lawyer. You may agitate the issue before the State RERA authority and seek redress from the consumer court too, in consultation with your counsel.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

File complaint on rera 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

I'm sorry to hear about your father's passing. Here's the general procedure to follow for getting a refund on a booked flat when the registered owner has passed away:

 

1. Contact the Developer:

 

The first step is to get in touch with the developer or builder you made the booking with.Inform them about your father's passing and your intention to seek a refund.Submit copies of the death certificate, booking documents, and payment slips as proof.

 

2. Review the Agreement:

 

Carefully examine the terms and conditions mentioned in the flat booking agreement.These documents often outline the process for refunds in case of unforeseen circumstances like death.

 

3. Nomination Clause:

 

Check if the booking agreement has a nomination clause. This clause allows the registered owner to nominate someone to inherit the booked flat in case of death.If a nominee is present, the refund process might be smoother as the nominee can take over the booking.

 

4. Inherited Property:

 

If there's no nominee and you intend to inherit the property, legalities might be involved. You might need to obtain a probate (court order) to establish yourself as the legal heir.A lawyer can guide you through the probate process.

 

5. Developer's Policy:

 

The developer might have a specific policy regarding refunds in case of death.Some developers might offer a full or partial refund, while others might allow you to transfer the booking to another person.

 

Additional Tips:

 

Stay Polite and Proactive: Maintain clear communication with the developer and keep following up on your request.Gather All Documentation: Ensure you have all relevant documents like death certificate, booking agreement, payment proofs, and any communication with the developer readily available

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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