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Tanveer ul Qamar   25 July 2024

Precudre to terminate the development agreement and poa

A is the Owner of a property (Land), in Kolkata West Bengal, entered into a Development Agreement with the builder, with 50: 50 ratio, (50% of the total constructed area for the Owner and the remaining 50 % for the Builder) with a condition to complete the said construction within 24 months, from the date of agreement, A also executed a Development POA in favour of Builder, and at the time of agreement builder paid Rs. 5,00,000/-  as forfeited money to A (Owner),  However, things did not turn out as per the terms and even after the expiry of 8 years, no construction work was done. Now A (Owner) wants to cancel the agreement and POA. What is the procedure? what options are available keeping in mind that in no circumstance A wants to continue with this present builder.

Thanks   



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 July 2024

The builder paid an amount of Rs.5 lakhs to the owner. At the time of cancellation of the said agreement, the owner shall return the amount if such clause in the agreement. 

T. Kalaiselvan, Advocate (Advocate)     25 July 2024

The owner can cite the breach of contract conditions and communicate his decision to terminate the contract/development agreement and also notify the same in a local newspaper and then execute a cancellation deed before the concerned registrar (if it was executed by a registered deed) cancelling the principal deed.

 

Tanveer ul Qamar   26 July 2024

Yes, it is a registered Deed, but cancellation in denied by the Sub-Registrar unilaterally, as both the parties needs to remain present during cancellation. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 July 2024

To terminate a Development Agreement and Power of Attorney (POA), follow these steps: *Terminating the Development Agreement:* 1. *Review the agreement*: Check the Development Agreement for any termination clauses or notice periods. 2. *Serve a termination notice*: Send a formal termination notice to the other party, specifying the reasons for termination (if any). 3. *Complete any outstanding obligations*: Ensure all outstanding obligations, such as completing ongoing work or returning documents, are fulfilled. 4. *Mutual agreement*: If possible, obtain a mutual agreement to terminate the contract. 5. *File a termination deed*: Execute a termination deed, if required, to formally end the agreement. *Revoking the Power of Attorney (POA):* 1. *Notify the attorney*: Inform the person holding the POA of your intention to revoke it. 2. *Execute a revocation deed*: Sign a revocation deed, specifying the POA being revoked. 3. *Notify relevant authorities*: Inform relevant authorities, such as banks or government agencies, about the POA revocation. 4. *Return the POA document*: Retrieve and destroy the original POA document. 5. *File a revocation notice*: File a revocation notice with the relevant registrar or authority, if required. *Additional Steps:* 1. *Consult a lawyer*: Seek legal advice to ensure proper termination and revocation procedures. 2. *Update records*: Update your records to reflect the termination and revocation. 3. *Notify stakeholders*: Inform stakeholders, such as contractors or employees, about the termination and revocation. Please consult a legal expert to ensure compliance with specific laws and regulations governing your Development Agreement and POA.


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