Despute with the builder

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
Dear Sir,

I have a property in new delhi and my mother's is the owner of this propert and we have a agreement with the builder that he will construct it + till the building is underconstruction he will pay us the rent.. and the second floor will be sold after construction. in this agreement the builder made me his partner of 50% as when the second floor will be sold excluding the cost he invested rest the profit will be shared equally between both of us. Now after the second floor lenter he stoped the work of the building and told us that he is ready to sell the second floor and if we do not sell it he will not give us the rent and also will not work furter and also threatened me and my mother that your son is also my partner now he should invest money ....

we have a agreement that is not registered.. also in response we have send him a notice on a letter head of a lawyer about this situation in responce his lawyer send us a notice that he has not undersood the points and our notic is wage....

also this builder is spreading rumors that our property is disputed and he will take second floor from us in any condition also he is not comming for compromising....we cannot do anything ...Also if we try to see our property he will take stay from court and make our property desputed.....

please help us .. by suggesting what we shall do now to get rid of this situation...

urgent help and advice needed..

Thanks and Regards,

Deepak call me at : +918802020009

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ajay sethi (Expert) 12 December 2011
development agreement has to be duly stamped and tregistered to be admissible in evidence . in your case document is unregistered .

file criminal complaint against him for cheating , crimial breach of trust .

i fail to understand how can you enter into agreement without consulting a lawyer .you ought to have taken some basic precautions .
does the agreement contain any provision as to furnishing of bank guarantee by builder ?

Querist : Anonymous (Querist) 12 December 2011
no sir we do not have any bank guarantee by builder.. every property dealer are telling us to do compromise with him and he is not ready to do so ??

Advocate. Arunagiri (Expert) 12 December 2011
Normally the builders wont register the development agreement. They will register only their POA.

If you can send me the copies of the development agreement, POA and notice sent earlier, I can give my opinion.

Please send only soft copies to my email id advocatearunagiri@gmail.com

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