Allotments In Buyer's Name Despite Being An NRI Is Legal, Source Of Funds Irrelevant: NCDRC
www.livelaw.in
The commission highlighted its judgment in Kavita Ahuja Vs. Shipra Estate Ltd. and Jaikrishan Estate Developers Pvt. Ltd. and Ors., which placed the burden of proof on the builder to establish the same, which was not discharged.
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Summary
- 👉 NCDRC rules that NRIs can have allotments in their name, regardless of the source of funds
- 👉 Builder must prove otherwise, but failed to do so in the mentioned case
- 👉 Burden of proof lies on the builder, as per the Evidence Act
- 👉 Judgment highlights the importance of establishing burden of proof
- 👉 NCDRC's decision provides clarity on allotments for NRIs
Top Highlights
- The commission highlighted its judgment in Kavita Ahuja Vs. Shipra Estate Ltd. and Jaikrishan Estate Developers Pvt. Ltd. and Ors., which placed the burden of proof on the builder to establish the same, which was not discharged.
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