Judgement HON’BLE SUDIP NIYOGI PRESIDENT FACTS The instant complaint reveals that one Tara Sankar Mukherjee and Bhawani Sankar Mukherjee had entered into an agreement dated 19/05/2003 with the Opposite Parties to buy a self-contained residential flat measuring about 840 sq. ft. super built-up area being flat No. A-1 on the 1st floor, southern side, comprising two bed rooms, one living-cum-dining, one balcony, one kitchen, one toilet, one W.C lying and situated at premises No. 2, Rajdanga School Road, Kolkata- 700078 at a consideration of Rs.6,00,000/- and said Bhawani Sankar Mukherjee died on 16/02/2022 and his wife Smt. Aloka Mukherjee died on 13/09/2019. The complainant and his elder brother Tara Sankar Mukherjee were the two sons of said Bhawani Sankar Mukherjee. As said Tara Sankar Mukherjee died as a bachelor following the provision of Hindu Succession Act, complainant became the sole legal heir and beneficiary of his father and elder brother. It is claimed that the consideration of the said flat was already paid during the lifetime of his father and elder brother and possession of the flat was also delivered on 31/07/2003. But it is alleged that the Opposite Parties even on repeated requests failed to execute and register the deed of conveyance in respect of the said flat in favour of the purchaser/complainant. So, the complainant filed the instant case claiming for a direction upon the Opposite Parties to execute and register a deed of conveyance in respect of the said flat as described in the schedule to the petition of complaint in favour of the complainant and compensation etc. As the Opposite Parties did not come to contest this case, it was heard ex parte against them. Only point that calls for determination is whether the complainant is entitled to any relief(s). FINDINGS Besides filing evidence-in-chief on affidavit, complainant produced several documents, memorandum of agreement, possession letter, money receipts showing payment of consideration, Death Certificates of Bhawani Sankar Mukherjee, Smt. Aloka Mukherjee and Tara Sankar Mukherjee. The said memorandum of agreement dated 19th Many, 2003 reveals that Tara Sankar Mukherjee, Bhawani Sankar Mukherjee and the present Opposite Parties were the parties to that agreement. Opposite Party No. 2 is the proprietor of Opposite Party No. 1 and they are the developer while Opposite Party No. 3 is found to be the owner of the property where one G+3 storied building was agreed to be built by the developer i.e. Opposite Party Nos. 1 & 2. It is also found that the scheduled flat was agreed to be purchased by said Tara Sankar Mukherjee at a consideration of Rs.6,00,000/-. The said document of money receipts revealed the payment of entire consideration to the said developers. It is further found that the said developers handed over the possession of the said flat to the said buyers on 31/07/2003. Subsequently, as the complainant’s father, mother and his elder brother died, the complainant became their sole legal heir and as the deed of conveyance has not been made in respect of their flat, the complainant is entitled to the execution of the deed of conveyance in his favour. He is also entitled to cost of litigation. Considering the facts and circumstances, we are not going to pass any order of compensation. So, the instant complaint should be allowed. Accordingly, it is ORDERED That the instant complaint be and the same is allowed against the Opposite Parties. All the Opposite Parties who are jointly and severally liable are directed to execute and register a deed of conveyance in favour of the complainant in respect of the scheduled flat within 45 days from the date of this order. The expenses in this regard would be borne by the complainant. Opposite Party Nos. 1 & 2 to pay cost of litigation of Rs.3000/- (Rupees Three Thousand Only) to the complainant. Dictated and corrected by me President | 
