Can builder hold the possesion of a flat after one of co-owner death?

984 votes

If the builder is not handing over possession then it could be that Builder may want you to provide him with heirship certificate or succession certificate of your mother received from court so that he will be sure about the legal heirs of your mother.

Advocate Mukesh Vasant Shinde LawRato

534 votes

In your situation, the builder should not be able to withhold possession of the flat if you have properly completed the necessary documentation, including obtaining a release deed from your brothers, who are the legal heirs. Since you booked the under-construction flat in both your and your mother’s name, and you have a release deed that transfers the rights from your mother’s estate, you should have a legitimate claim to the property. Since all payment transactions were made from your account, this further strengthens your position as the purchaser of the flat. The builder typically cannot deny possession if you have fulfilled your financial obligations and submitted the required documents. If the builder is still withholding possession, you may need to formally communicate with them, providing copies of the release deed and any other relevant documents. If the issue persists, consider seeking legal advice to explore your options, which may include filing a complaint with the relevant real estate regulatory authority or pursuing legal action to enforce your rights.

Advocate Rohan Venkatesh Yemul LawRato