AK (Manager) 08 July 2018

Developer working on amalgamated plots

We signed an agreement with a developer/promoter and it was finalized that he will construct a 3 storeyed building on our land (measuring approx 1.5 cottahs), out of which he will allocate us the entire second floor. And he will retain ground and first floor.
According to him, since our land is a small one, it won't be possible to construct a building taller than 3 storeys.

Now, he plans to amalgamate a vacant land(approx 3.5 cottahs) adjacent to ours and he talked with the concerned owner.
According to the developer/promoter , If the lands are amalgamated then a 5 storeyed building can be constructed over the entire land(which now measures 5-6 cottahs).

Now my question-If amalgamation happens, can we claim one more apartment ? (Considering the fact that WE ALREADY SIGNED agreement where it was finalized that he will give ONLY the second floor, as mentioned in the very first line here). If yes, What procedures are likely to be followed?

Thanks for your patience for going through my essay.

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3 Replies

Raghav Arora 08 July 2018

Hi! Thanks for the question!

The case will depend on the fact whether your previously signed agreement contained the clause that allowed amendment in the future or did it explicitly restrict the same.

If the agreement allows such amendment, you are good to go for an amendment to include your say in a new agreement.

If the agreement does not allow an amendment, you will have to equal with the developer and you both will have to agree on making a fresh agreement and canceling the last one through Havala. The new agreement should be a tri-party agreement including the new party owning the adjacent land.

Good Luck!

Kumar Doab (FIN) 08 July 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Check for such counsels at LOCAL Civil courts, HC, SC…

This applies in matters as posted by you as well.