Refund: does a homebuyer have same rights as original allottee?

The original allottee of an under-construction flat decided to sell the property and entered into an agreement with a buyer to this effect. Since the builder failed to complete the construction within the stipulated time, the buyer has sought a refund with interest. What is the relief that the new buyer is entitled to?

—Name withheld on request

We have assumed that the original allottee had sold the under-construction flat with the consent and approval of the builder by way of a tripartite agreement executed between the original allottee, the builder and the buyer, whereby the rights of the original allottee are transferred and assigned to the buyer.

If the builder has failed to hand over possession of the flat to the buyer within the stipulated time period as mentioned under the agreement for sale, then the buyer is entitled to relief under the provisions of the Real Estate (Regulation and Development) Act of 2016.

As per the Act, the buyer may withdraw from the project without prejudice to any other remedy and the builder will be liable to return the amount received in respect of that flat along with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under the Act.

A man died intestate with two legal heirs. Is it necessary to initiate inventory proceedings to determine shares for the partition of the estate?

—Name withheld on request

We have presumed that the man who died intestate, or without making a will, was a Hindu, governed by the provisions of the Hindu Succession Act, 1956. Since he died intestate leaving behind two legal heirs, each of them shall be entitled to receive 50% undivided right, title and interest in the estate of the person.

Accordingly, a partition by metes and bounds and/or equal distribution / division of the money (of movable properties capable of being liquidated) can be done.

Generally, under the civil procedure code, the properties (movable and immovable) of the deceased are listed and thereafter divided in terms of the intestate succession laws governing the deceased. However, if you wish to have a formal order form the court to determine your share of inheritance, a partition suit may be initiated after listing the properties and seeking a division thereof.

Aradhana Bhansali is partner, Rajani Associates.