how to get cheque from developer?
Krishna
(Querist) 19 February 2016
This query is : Resolved
Our plot has been under construction since 3 years as per SRA scheme.We have been issued a cheque as a room rent for the temporary occupancy untill the allotment of flats.My room possession and all its relevant documents stands in the name of my mother.But a year ago, my mother expired due to illness, and i had made an application in SRA this month for transfer of names in Annexure 2 (from my mothers name to mine as i am the only son of my mother).But the officials told me, it would take around 6-8 months to get names transferred. Meanwhile cheque received from developer last year has due on jan 16. But when we approached developer for next cheque, he issued cheque in my mother's name and hence we have returned the cheque as the bank account holding my mother name had been closed. I have produced affidavit,death certificate to the developer to get cheque in my name but he refused to give and said it is against rules and he can only issue cheque as per the names in annexure 2. But for us, its not easy to pay rent and deposit in a place like mumbai. Is there any way to get cheque in my name before the transfer of names? May NOC from our registered committe can be effective? Please help me out.
Adv. Yogen Kakade
(Expert) 19 February 2016
The builder is issuing the cheque in the name of your mother because such clause might be mentioned in the agreement between the developer and your mother.
Unless the formalities of the name change on records he won't be able to issue the cheques in your name.
at this current situation you can go and request the developer to issue the cheques in your name on personal basis.. he can do that after consulting to his lawyer and his CA
Rajendra K Goyal
(Expert) 19 February 2016
The builder has to complete the formality regarding the heir ship rights. No legal way till he is satisfied.
Krishna
(Querist) 21 February 2016
Thank you very much for this valuable feedback.
