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selling property

Querist : Anonymous (Querist) 02 May 2011 This query is : Resolved 
my grand father purchased land in 1975.he gave land to mr vinod for devlopement.vinod took money from 10 members & not completd building and also not paid money to my granfather.then my grand father told other devloper shaikh to complete the same and he did same.but in absense of shaikh & grandfather watchman and his wife took illleagal possition of building.now all members filed a case against vinod ,watchman and his wife and my grandfather(467,468,420 etc).my grandfather not took single money from members & not signed any agreement with members.now after settlemnt with mr shaikh we sold our property to a builder,possition is still with watchman & his wife.now leagelly we selling our land is right or not.what we can do for case?their is no injunction on property.
Ganesh Chavan (Expert) 02 May 2011
1.In development agreement in one of the clause you should added a time limit with in that period The Developer should complete that work.
2.If developer failed to complete that work with in time your father have right to get compensation from that Developer or to relinquish development agreement or to appoint or enter in New development agreement with new developer or sell that property.
Guest (Expert) 02 May 2011
First of all you need to make it clear whether the case filed by your grandfather against Mr. Vinod, watchman and his wife is about ejection of the fellows from the property to take possession or for compensation or for both?
Guest (Expert) 02 May 2011
However, if the title is clear in the name of your grand father, there is no injunction also, and some one is ready to purchase the property without the condition of handing over physical possession, your grand father can sell that. The buyer of the property in that case will have to see himself how to take possession from the watchman and his wife.


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