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Gpa-development -agreement cancellation

(Querist) 29 October 2012 This query is : Resolved 
I have GPA on a land and the GPA has been registered with the registrar's office. The Agreement was to construct a shopping complex with a share of 60% (developer ) 40%( land owner )in the agreement he mentioned that until he will get the permission he wont start the construction as when he get the permission he will complete the construction in 2 years.now 5 years completed still he didn't applied for the permission .totally 11 members agreement to the developer . out of this only 3 members including me want to cancel the agreement GPA will it possible ? Please suggest
Devajyoti Barman (Expert) 29 October 2012
Yes it is possible. The developer fails to implement the agreement in time and long thereafter.
First revoke the GPA and then cancel the agreement.
Sailesh Kumar Shah (Expert) 29 October 2012
there is any clause in the agreement for developer to get permission with certain time limit?
ravikanth (Querist) 29 October 2012
He didn't mention any time limit for taking permission . he simply mentioned that as and when i got the permission from the GHMC i will start the construction.
Sailesh Kumar Shah (Expert) 29 October 2012
So, Agreement is not exist since 3 years already elapsed. However, Just issue a notice for cancellation.
ravikanth (Querist) 29 October 2012
Should i send notice from the Court or Registration Department?
Sailesh Kumar Shah (Expert) 29 October 2012
Send notice through lawyer.
ravikanth (Querist) 06 November 2012
Thanks to all
Sailesh Kumar Shah (Expert) 06 November 2012
Most Welcome!


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