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mrv16071997 (N.A)     29 August 2012

Land mou

Sir/madam, i along with 7 other family members jointly signed an MOU with a builder in 2006 of our joint family property (ancestral). due to unknown reasons the builder could not start our project. instead the builder is claiming the refund of advance from us and filed a suit for recovery. nd the same is pending in d court & til date no interim order is passed by d court.

Now as a new builder has approached us fr the land, 5 out of 7 members have signed d new MOU, BUT 2 members of my famly are refusing to sign d MOU bcoz, inturn they want our ancestral home to be given to them exclusively.

now, as we are nt financially  sound, we have to repay d advnce to d first builder, we hve no other option than to sign a MOU with another builder.

Now pl let me know as to what we all 5 members can do with the new builder?

how can we proceed further with d builder, and how to get the remaining 2 members approval fr the MOU.

In worst secnario, wht can d 2 members do. nd to what extent.

pl guide us, as we are not willing to fight legally bcoz of the time constraint.

thanx



Learning

 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     30 August 2012

Dear Mallesh,

 

Since it is an ancestral property everbody has a share in it. you 5 persons may sell their equal share in the property to the builder and repay your dues to the 1st builder. let the other 2 members themselves return their share to the 1st builder.

 

you may ask the 2nd builder, if he can construct only on the share of your properties, except of the other 2 members.

 

Other option is let the two members buy your share at the market price of the property and repay the 1st builder.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

mrv16071997 (N.A)     30 August 2012

Sir thanx a lot fr ur suggestion. one thing i want to infrm u  is the property is nt yet bifurcated, it is still in joint possession. so pl guide us, as we r nt willing to sell d land except to give fr joint development.

Can d builder file a case against us and take an order frm d court? since we hve already recd an advce amount frm him. in  d absence of the other 2 members.

pl reply sir

Thank you,

mallesh

Adv Rohit Dalmia 9324538481 (Lawyer)     30 August 2012

need to have a look at the mou executed between youand the builder before giving you a proper opinion.

 

kindly share the sameon : onlyrohit2003@yahoo.co.in

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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