Revocation of consents and agreements on rs. 100/- stamp papers
Querist :
Anonymous
(Querist) 17 August 2011
This query is : Resolved
Our cessed buildings are slated for redevelopment since the year 2007. The builder had taken our consents and agreements by fraudulent means. Later we revoked our consents and agreements on Rs. 100/- non-judicial Stamp Papers and sent them to Chief Officer, MHADA. But top MHADA Officers say that MHADA does not have right to revoke consents and agreements once they are made. They say that we have to move court. Is this statement correct? Please help. Thanks.
Dr Anil Kumar Singh
(Expert) 17 August 2011
Actually an agreement is executed between two parties who sign the agreement and can only be revoked as per the provisions of the agreement else both parties are bound to comply with the terms of the agreement. However, a an agreement done with fraudulent means is not a valid agreement, but it can only be revoked by adopting legal procedure. They are correct.
prabhakar singh
(Expert) 17 August 2011
yes statement of MHADA.is correct.the agreement on which you admit your sign but claim to have been obtained by fraud is voidable by institution of suit if the same is decreed by civil court.
ajay sethi
(Expert) 17 August 2011
if builder has taken consent by fraudelent means have you lodged police complaint aginst builder/ how was it fraudelently obtained? when was consent revoked?
whether majority of members have given their consent ? you will have to move court aginst builder as rightly advised by other experts
Raj Kumar Makkad
(Expert) 18 August 2011
I do agree with prabhkr singh.
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