FORUM
Delay in construction: What is the option?
I have purchased a house (land and building) through a builder based on Chennai. This purchase was made through home loan from Bank of India in May 2005 and I released the first payment. I have been paying monthly EMI since then.
The builder hasn’t handed over to me the house yet and there is no progress in construction as well. They have constructed the foundation (basement) for the house and then realised that the actual construction is a deviation from the approved building plan. They tried to compel me to accept the construction as it is but I did not accept it. I told them that I need an approved house.
Then in December 2007, I agreed with builder to pay Rs 2 Lakh and 40,000 additional to demolish (even though it’s not my fault) the wrongly constructed area and build as per the approved plan. But they haven’t taken any steps to build my house until now. Can you please guide me whom should I approach? Can I approach consumer court?
Nambi Subramaniyan, Chennai.
Our panellist, Mr. R.L.Narayanan replies: It is not clear as to what are the exact terms of the Agreement that you have entered into earlier and also in December 2007. You may be in a position to take action against the builder in the Consumer Forum.
Alternatively, you can file a suit for recovery of the amounts paid by you to the Builder as well as the Bank, if facts are such that there is no scope for the construction to be taken up. However, this is only a general suggestion. It is advisable for you to take a detailed advice from your Advocate after providing all the facts and documents in hand. You have to seek suitable relief after taking into consideration all the facts and circumstances including the capacity of the Builder to complete the construction and also the financial position of the builder.
My name is Mohan, and I am a resident of Chennai. My aunt, who was unmarried till her death, had a property.
Her only relatives are her two brothers and a sister. All the three are willing to sell the property. Will it be OK to proceed in selling the property? If so could you please let us know, what are all the legal formalities we have to take care before proceeding for the sale?
R.Mohan
Puzhuthiwakkam
Chennai 600 091.
Mr. Narayanan replies: It is taken that the parties are Hindus. Assuming that the only relatives are her two brothers and a sister and considering the fact that your aunt was not married, they are entitled to succeed to the property as the legal heirs of your Aunt’s father. However, in this case, Letters of Administration will be required by her said relatives to deal with the property.
Is Will valid?
I’d like to know if a probate granted by a court in the UK for my late father’s will would be accepted as valid in India (Delhi) without any further validation/procedures. Would this letter of probate be enough to proceed with a mutation/substitution request to transfer property held in Delhi to my mother’s name(as per my late father’s wishes in the will). Would any further affidavits of "No Objection" from any potential legal heirs be required given that there is already a proven probate from UK ? Also, the probate is over two years old, would that be a problem?
Sunny
Mr. Narayanan replies: In a case like this, an authenticated copy of the Will which has been proved in a foreign Court can be produced in the Court of a competent jurisdiction in India and Letters of Administration may be granted with the copy of such copy of Will annexed. This is known as "Ancillary Grant". Please take further advice on this matter from your Advocate.
I had a property sold through public auction and divided the property into seven shares and withdrew money from the court. One of the seven shares belonged to my mother who is no more but she has made a registered will of her share in my name. The same amount is in the court’s custody now. I have the original will copy. I am 78 years old. please let me know how can i withdraw the money and also let me know if my other brothers can object to it.
Balu
Mr. Narayanan replies: It is not clear as to how and why the order for deposit of money has been passed. However, broadly speaking, if the Will is accepted by the others who are otherwise legal heirs of your mother, then it is a matter of procedure. You may have to bring yourself on record as a beneficiary or legal representative of your mother for withdrawing the money. Your brothers may have a right to contest the Will. If the Will is contested, you may have to work out alternatives by taking suitable professional consultations.
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