Validity of stamp paper - agreement

ramesh (Querist) 02 November 2014 This query is : Resolved
Dear sir,
I executed an agreement for development with a builder in Chennai. The extent of my land is 3600 sq.ft. The date of Rs.20 stamp paper is Apr.2008. The Agreement entered date is Aug.2010. As per the agreement he could not finish the construction within stipulated time of 18 months, because of financial constraints. circumstances led to dispute and case was filed in 2012 in city civil court. It goes on. My query is that, if construction is not started within the stipulated period of 18 months, will the agreement become invalid and hopefully on these grounds finish the case ASAP. Will be much grateful for early replies.Thanks in advance with regards.

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Anirudh (Expert) 02 November 2014
Dear Mr. Ramesh,

Whether the Agreement will become invalid, in case the construction is not started within stipulated 19 months time, will depend upon the terms of the Agreement. In any case, both the parties are before the Court and both have respective stand before the Court. We are not aware about the stand taken by each of you as also the contents of the agreement and the fact situation.

Therefore, I don't think it will be possible to give any definite answer to your query.

Guest (Expert) 02 November 2014
Dear Author,Though the Period mentioned is 18 Months It was not Executed even after 36 months that is 3 years.Follow it up with your advocate so that you would succeed.

Isaac Gabriel (Expert) 02 November 2014
Stamp paper is valid.But the condition of completion in 18 months has not been fulfilled.You have a good case.Without your consent the builder cannot unilaterally taken the agreement as continued.

V R SHROFF (Expert) 02 November 2014
no more to add.

ajay sethi (Expert) 02 November 2014
litigation is lengthy process . instead of going to civil court you should have moved consumer forum for faster relief . if construction is not completed within period of 18 months then builder will compensate you for delays as per the terms of agreement . in real estate projects delays are common because of delay in obtaining approvals from authorities , .

ramesh (Querist) 02 November 2014
Thanks for the kind advices. Actually the builder filed the case in 2012. It is an unregistered document in 20 Rupees stamp paper. Expecting valuable advices please. Thanks in advance.

Rajendra K Goyal (Expert) 03 November 2014
The validity of document is not affected due to the fact that the Stamp paper was old. For registration factor the document is required to be referred, all agreements need not be registered.

ajay sethi (Expert) 03 November 2014
thanks for your appreciation . we have already advised you at length . you must have engaged a local lawyer to fight your case .