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Keeth   17 July 2023

Builder agreed for jv and didn't construct till date

Builder agreed to construct apartments in 1 ground for 60:40 ratio in 2016.  Whereas 60% for the builder & 40% +10L as advance- non refundable. The agreement has been between my mother and the builder as she is the title owner of the property. The total area of land is 2 grounds of which only 1 ground is being agreed for constructing apartments the other one is left vacant. JV agreement  was signed in 20₹ stamp paper and unregistered document. The advance amount has been transferred to my mother's Bank account . After signing the agreement the builder prolonged the process of getting approval or take any actions to construct. And was giving various reasons for the first 3 years stating he's financially broke needs some time for recovery and will commence the process of getting approval and other works soon. And was blaming there was some issues to get paper works done etc. While other builders in that area were able to obtain approvals and have completed the projects. After giving him enough time & questioning him on his liability he refused to construct and asking for settlement with interest. And established strong hold in my mother's property(2019) whereas it's been 3 years already since the proposed construction and even threatened to kill me . In 2021 my mother passed away and the property has been released to my name (son). I tried to clean up the empty land and fence the  property recently July 2023 within 3 days the builder sent some Ppl in the night and broke everything. I even tried selling the property each and every time any interested buyer comes someone or the other is coming and giving various negative views about it. I tried to speak to the builder various times he's asking 50L with interest as it's been 7 years as compensation because we took the advance money 10L.  If not he won't let anyone buy the property & I'm receiving all kind of threats from the local PPL to agree the compensation. 

 



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 2 Replies

Real Soul.... (LEGAL)     17 July 2023

It appears that the builder is not willing to let you have any peaceful settlement. It is better either settle with him or sell your land with some other builder who buys such properties ; there may be builders like him who buy such properties with interferences.

T. Kalaiselvan, Advocate (Advocate)     17 July 2023

You have two options. 

To approach police with a criminal complaint against him for the offences of threat to life and damaging your property including illegal trespass. 

For that you first issue a legal notice terminating the unregistered JVA and then approach police. 

Second option to approach civil court with a suit for permanent injunction against him to not to interfere in your possession and enjoyment of the property. 

You discuss with your advocate and proceed. 


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