Confrontation between builder and owner
Kumar Krishan Agarwal Advocate
(Querist) 16 May 2014
This query is : Resolved
Dear Ld Friends!
I got a relative problem where he is insisting me to help him.
The Local Builder make a contract to the owner of the house to make multistory building having four floors with lift and fully furnished in one year, the builder will take one floor only for sell purpose and rest three floors are of owner and all this was written on 50Rs Stamp Paper and get notarized to it.
Now the builder pressurizing the owner to registry the one floor which he completed first for sell purpose and remained all the three other owner floors incomplete and refuse to make it complete all of three floors. Two years already over now since the house was given to the builder for making four floors.
Q1. What the proper resolution I may do for him to get exit from this mess up?
Q2. Will I go for the Cancellation of Agreement which was made between builder and the owner of the house ?
Q3. Will I go for police complaint to take legal action against builder for pressuring the owner of the house to make registry of it ?
Q4. Will I seek remedy under suit of Specific Relief Ac for the performance of the agreement made between builder and owner on Stamp Rs 50 ?
Q5. The property is in Delhi and jurisdiction lay at Tis Hazari court What court fee I will have to give on the suit for the Cancellation of instrument or for the Specific performance of the contract?
Q6. Any reliable lawyer whom you know about it at Tis Hazari and will work with me as colleague for this case will provide its mobile number and chamber number for Tis Hazari court so that I may contact me urgently for this case problem.
Q7. Rest any other thing which my lawyers friends advice me or suggest me please mentioned also that here for kindness and justice to seek?
Atlas Eva
(Expert) 16 May 2014
i think that you should first issue a legal notice to the builder. Thereafter register atleast a Non Congizable Complaint with local police station.
thereafter file the suit, before filing the suit , give an opportunity to the builder to come to resolve the issue.
Also you can pray to court for appointment of court receiver for the 1st floor, since the builder took it fraudulently and didn't completed his part of agreement.
For best results contact a good professional.
Kishor Mehta
(Expert) 17 May 2014
Sir,
You have only a notarized document entered with the builder, as the document is not registered, probably to save on stamp duty and registration charges, please make sure whether an unregistered deed can be submitted to a Court of Law as an evidence in your favour.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
As rightly observed by the above expert, your contract is an unregistered document through which you cannot enforce the specific performance of contract, however, issue him a legal notice on the basis of contract agreement conditions and demand him to fulfill his part of the contract, on his commitment, you can convert the same into a suit as suggested by learned experts above. For a lawyer of Tis Hazari, yo may have to look for one yourself.
Surrender K Singal
(Expert) 18 May 2014
In LCI site itself you may search for lawyer in Delhi and many can be found or you may contact Ms. R A Singla which I searched on sulekha.com @ 9810106722
