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rickoo   17 May 2015

Re-development agreement help

Respected Members,

Our society has entered into Re-Development agreement with one builder to demolish our old building and construct new building. Builder will allot new house in place of old and some amount agreed and pay rent when we give posseson to our old house to them.

Now problem has arised...that they are unable to take permission from Local authorities and Municipality for their new plan.

Our members have already taken Rented Houses and paying rent. (Society's Secretary had circulated one notification that by the end of March-15 you have to vacate your home and find on rent)

Builder is not paying us rent. He is arguing that I have not circulated that letter, your secretary has circulated)

What are the remedies available to us?

What is the Validity and Time Limit of Re-Development Agreement.

(Stamp Duty is paid on this Re-Development Agreement)

 

Please Reply,

Thanks,

Rickoo.

 



Learning

 2 Replies

bsrao   17 May 2015

You as a member can proceed legally against the Society and the Builder. 

The agreement is valid as per its terms between the Society and the Builder. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 May 2015

1.  The validity of Development Agreement depends on the clauses in the agreement.

 

2.  AFTER the above, ONLY the builder is authorised to issue notice to members to vacate their flats and on vacating he is liable to pay rent.

 

3.  IF the builder has not issued aforesaid notice THEN he is not liable to pay rent.

 

4.  The Secretary is personally liable for the contents of Notice and he can be prosecuted in a Criminal Court as well as in the Consumer Court.

 

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar


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