Registered G.P.A Cancellation
John
(Querist) 24 June 2011
This query is : Resolved
We are situated residential/commercial complex which was build up by the builder and land owner in Maharashtra with share of 50-50, and builder and land owner sold the flats to people. Land owner provided G.P.A dated 02-05-2002 to builder, after that there was dispute between land owner & builder due to this land owner cancelled registered G.P.A (irrevocable) dated 06-01-2005 without notice or newspaper declare. Surprisingly registry office allowed and given one side registered cancel of G.P.A to land owner. When builder approached and demanded law & procedure register kept quiet. Again he provided new registered G.P.A (irrevocable) dated 05-03-2005 to builder. Now using this cancellation of G.P.A land owner received the revised commencement certificate & approved map from corporation dated 23-05-2006 on his name. First commencement certificate & approved map dated 01-12-2003 was on builder and land owner name.
We received this information very late before that we approached civil court. Now land owner black mailing us very badly and putting Illegal pressure to flat owner & builder.
Can you please suggest us the possible solution for this case.
Sequence of document:-
1. Development Agreement: - 11-09-2002
2. G.P.A (I): -- 11-09-2002
3. Commencement certificate: - 01-12-2003
4. Approved map: - 01-12-2003
5. Revised D.agreed :- 26-02-2004
6. Deed of declaration :- 26-02-2004
7. G.P.A (Cancel):- 06-01-2005
8. Settlement deed :- 05-03-2005
9. Revised G.P.A (II):- 05-03-2005
10. Revised Commencement certificate :- 23-05-2006
11. Approved map :- 23-05-2006
12. Amalgation order :- 22-12-2009
13. P.R card : 31-12-2009
Devajyoti Barman
(Expert) 24 June 2011
When you have already approached the court then let the court adjudicate the dispute.
Without seeing the contents of the pleading and the case history , nothing could be commented on the merit of the case.