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Madhav Medhekar   23 June 2023

One time maintenance recovery dues

Hello
we Purcahse flat from Builder (Firm is partnership firm and unregistered) in 2007. He completed project in 2013 and form Co-op Society. But he collected one time maintenance from flat owners ( Amt. around 1.10Cr.) but in 2015 he died and another partner abscond. partnership firm declared insolvency and bankruptcy. Dead partners son is in contact he said our land is in litigation if it solve then we sell land and pay your one time maintenance. But there case is still in court. Can Housing Society filed debt recovery case against dead partner sons as per civil procedure code?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 June 2023

If the legal heirs of the deceased debtor have acquired the properties of the deceased debtor then the legal heirs can be sued for recovery of the due amount by filing a money recovery suit to the extent of the value of the properties inherited by the successors in interest of the deceased debtor.

1 Like

Dr. J C Vashista (Advocate )     24 June 2023

The firm is stated to have been declared insolvant and bankrupt after considering assets and liabilities of the firm, which was otherwise unregistered, accordingly successors of deceased / abscoding builder(s) have no legal liability 


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