HT Estates - - HTESTATES - Su­nil Tyagi

I have a prop­erty in Delhi which I de­cided to sell to some­body who re­sides in Mumbai. We agreed to pay the con­sid­er­a­tion in in­stall­ments. He paid the first in­stall­ment but de­faulted in pay­ment of the re­main­ing con­sid­er­a­tion de­spite re­peated re­minders. What rem­edy do I have?

— Sidharth Singh You may cancel the agree­ment to sell en­tered into be­tween the buyer and you, by giv­ing him a no­tice of ter­mi­na­tion. If there is a pro­vi­sion for for­fei­ture in the agree­ment to sell, you can for­feit the ad­vance/ earnest money as has been agreed. We are a Hindu Un­di­vided Fam­ily (HUF). My fa­ther, who was the karta, passed away re­cently. Now, my el­der brother has be­come the karta and be­ing the el­dest mem­ber is try­ing to sell prop­er­ties of the HUF with­out con­sent of other mem­bers. Can he do so?

— Shaivik Arora As head of the fam­ily, a karta’s power of man­age­ment of the fam­ily is ab­so­lute. But he can­not deny main­te­nance or use and oc­cu­pa­tion of the HUF prop­erty to any co­parcener. A karta has power to alien­ate the joint fam­ily prop­erty only in three cases: legal ne­ces­sity, ben­e­fit of es­tate or for per­for­mance of in­dis­pens­able du­ties. Thus, if the sale of prop­er­ties is not for any of the three rea­sons, you may ap­proach the ap­pro­pri­ate court and seek re­lief. I have in­vested in an un­der con­struc­tion apart­ment in a project in Gur­gaon. At the time of pos­ses­sion by the builder, I dis­cov­ered that the su­per area of the unit was re­duced from what was agreed. I have al­ready paid the to­tal con­sid­er­a­tion to­wards the flat. What legal re­course do I have?

— Pratik Babu If the sale price charged from you was on the ba­sis of su­per area and ad­mit­tedly the su­per area has been re­duced, then you are en­ti­tled to ex­cess con­sid­er­a­tion that you have paid. If the de­vel­oper re­fuses to re­fund, you can ap­proach the con­sumer fo­rum or a civil court for re­cov­ery of the ex­cess amount.


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