Bldg redevelopment
jayesh
(Querist) 21 March 2013
This query is : Resolved
Our bldg had signed the development agreement with a particular developer more than 2 yrs ago. however there has been no progress on the same. As the DCR has changed, we asked the developer to make a supplementary agreement with certain changes as compared to the original DA.very recently. The developer says that he has obtained IOD 1 and IOD 2 is in progress.
He will allow us to view the approved plans n IOD 2 but will not be able to give us a copy of the same. He says that these things will not be attached in the main DA or the supplementary DA. Also, he is reluctant to make individual agreements. He expects us to vaccate by just viewing the IOD 2 n the approved plans.. He says that commencement certificate will come much later.. he has released 50 % of the corpus payable to each member 2 yrs ago and he says that he will release the balnce amnt of corpus and advance rental monies shortly. Is it advisble to vacate without attaching the aproved plans or say other approvals to the supplementary agreement ? Is individual agreemnet necessary if one wants to sell the flat post redevelopment ? Kindly advise
ajay sethi
(Expert) 21 March 2013
you have not mentioned what were th terms of agreement with the builder . ? diid it mention that time was essence of contract .
generally builders refuse to furnish copy of sanctioned building plans .you can obtain copy of said plans through RTI from muncipal coproration .
however it is necessary that builder enter into individual agreement with members . such agreement should be duly stamped and regd . consult a local lawyer
Raj Kumar Makkad
(Expert) 21 March 2013
Until individual agreements are not signed and the copies of the sanctioned plans are not made part of main DA or supplementary DA, you need not need to move ahead.
