Kamal Bhardwaj 19 January 2022
Czar Buildwell pvt ltd builder is forcing allottees of its Affordable housing project Mahira Homes 104 to sign a consent letter before issuing the allotment letter. The consent letter seeks approval of allottees in changes in FAR and thus project layout partly or fully.
What can be done to prevent this? What if some allottes have already signed this letter due to coercion by the builder?
Dr J C Vashista (Advocate) 20 January 2022
Show the documents to a local prudent lawyer for better appreciation of facts and professional advise as the facts posted are insufficient to form proper opinion and oblige.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 January 2022
Bring that notice to R.E.R.A officials. RERA aims to reduce project delays and property fraud. To do so, authorities have made it mandatory for all builders/ developers to carry out RERA registration before they start a project. ... The standardisation brought about by RERA aims to protect the interests of buyers and developers alike.
Anaita Vas 20 January 2022
A party who is forced into an act or contract under duress can rescind the contract, rendering it null and void.
Section 15 defines coercion as:
coercion is the committing or threatening to commit, any act is forbidden by The Indian Penal Code 1860, or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
No one can force you to sign on a document that you do not want to. You can sue them on the grounds of coercion and duress.
Speaking about the people who signed the documents because they were forced to, the mere fact that they signed the document under coercion, makes it void
Regards,
Anaita Vas
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