Land developing
Madansingh Shekhaawat
(Querist) 09 January 2013
This query is : Resolved
builder and developer had promised to develop the land in 2006 on the terms of 48% share of developed area to the owner and 52% to him. also builder had deposited the 500,000/- deposit with land owners. the required completion period for the said land development was mentioned 18 months from actual commencement of work. but cunningly builder had not mentioned the actual commencement date of work. and also it was skipped from owners mind to check that while signing the agreement as they are illiterate persons. agreement was registered and all powers, rights to develop, sale, transfer, lease, mortgage of said land were systematically taken away by builder with that agreement. even relinquishment deed was made and entered in to the builder's favor. now almost six years have been completed but the said builder have not done anything in connection with developing the land and has lifted the huge amount from market on same land. when owners contacted with him and inquired about said loans also he admitted the fact of having 60 lac amount from another investor and if owner pays this amount plus 20 lac for him against his deposit which he had made at the time of entering in to an agreement. that is altogether 80 lac he needs to settle the dispute with cancellation of said agreement.
now the questions are:
1) can builder make such undue demands from owner?
2) can owners sue this builder for cheating?
3) can the date of agreement be taken as actual commencement date of work?
4) are there any legal ways to terminate the agreement?
thank you!
ajay sethi
(Expert) 09 January 2013
it is necessary to go through the provisions of agreement entered into with builder . issue legal notice to bulder that although more than 6 years have passed till date work not commenced . inform him that in case work is not started within period of 3 months owner shall be forced to terminate the agreement .
Madansingh Shekhaawat
(Querist) 09 January 2013
but there are no such provisions in the agreement. all documents have been made as an irrevocable nature.
Raj Kumar Makkad
(Expert) 09 January 2013
It is good on your part to have services of a local civil lawyer and issue notice to the builder and then file a civil suit as the agreement cannot be for a indefinite period.
ajay sethi
(Expert) 09 January 2013
even if there is no provision in agreement it does not mean that builder can delay starting work for 6 years . fact that work was to be completed in 18 months indicate that objective was worrk should start at earliest . hence now issue him notice to commence work within 3 months
Madansingh Shekhaawat
(Querist) 10 January 2013
THANK YOU MY DEAR LEARNED FRIENDS RAJKUMARJEE AND AJAYJEE!
ajay sethi
(Expert) 10 January 2013
thanks for your appreciation
