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ravi shankar sharma (advocate)     04 March 2011

collaboration agreement

dear learned members, I wish to get cancellation of a notarized collaboration agreement at delhi through court in which first party is owner of plot and second party is ready to construct 4 storied building with the understanding that 2nd floor will belong to builder without roof rights and all ground,first & third floor will belong to first party with roof rights.there is also court case pending in court and it is understood that they all will be settled first then first party shall give the vacant possession to builder and then builder will complete construction within 6-7 months.


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 3 Replies

rahul shukla (lawyer)     04 March 2011

for any document to which you to cancel, a suit for cancellation of the same can be filed in the court of competent jurisdiction under the provisions of Specific Relief Act.

ravi shankar sharma (advocate)     08 March 2011

dear mr. shukla,

thanks for ur reply but i must say that i wanted to know that on which grounds it is possible. only for this reason i have narrated the facts also.

i want to know validity of notarized agreement.

will u enlighten me on this issue.

Regards,

R S Sharma

ravi shankar sharma (advocate)     08 March 2011

Dear learned members,

i have gone through this agreement and i have obserbved some incosistencies and need opinion.detail as under:

it says first party has approached to 2nd party due to lack of finance for construction of 4 storied building on the plot after demolishing existing structure on following T&C:

2nd party shall bear all expenses to raise construction on the said property from his own funds.

1st party shall hand over the actual vacant physical possession for raising to the second party on or before .......no time fixed in the agreement.

1st party fully disclosed about the court case to 2nd party.2nd party has agreed to solve both the case independently.

2nd party shall complete all the construction work within 6-7 months after court case settlement.

2nd party shall construct grund floor to third floor and after all work completion entire 2nd floor shall be in the absolute ownership of the 2nd party without roof rights and all three floor will vest in the first party exclusively.

1st party shall execute proper sale deed regarding entire 2nd floor in favor of 2nd party.

2nd party can receive earnest money,booking amt.bayana for the same.

taxes shall be borned by the 2nd party till the starting of construction work and thereafter equally by both parties.

2nd party is free from all prior sale,dispute,litigation etc.whatsoever if otherwise 1st party sahll be liable and responsible for the same.

 

Thanx in advance for bearing with me.

Regards,

R S Sharma  


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