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Mallika Mukherjee   26 September 2015

Can an unnotarized annexure be a part of a notarized agreeme

Hi

The agreement was between a landowner and a builder for construction of a residential house. The agreement was done in a single notorized copy and the builder kept the original and now is not disclosing the same. The specifications of the building and materials were attached to the main agreemnet as an annexure which was not notarised. The signatures of both the parties are present on agreement as well as the annex. The builder ignored the annex and called it forged on the grounds that if the same was a original then it must be notarized.And asked the owner a sum much higher than the agreed upon the owner went to the forum.

 

Need an advise whether the annex will be accepted by the forum.



Learning

 3 Replies

slakshmanrao (accounts officer)     27 September 2015

Approach a lawer,preferably a government pleader and try for a General Power of Attorney.GPA will authorise to make the desired corrections with out altering the existing conditions of the previous agreement.This method will be more safe in the property related issues which fall under !!! Self Earned Status!!!.Perhaps, ancestral category may not be covered under this New Idea...

T. Kalaiselvan, Advocate (Advocate)     03 October 2015

The builder cannot arbitrarily demand excess amount than the agreed amount for the purpose.  Let him make the demand in writing which can be dealt with by issuing a notice to him.  Even otherwise, if he is not responding properly to the progress of the construction, he may be issued with lawyer's notice and dragged in to a consumer forum for redressing the grievances as well as for compensations for his deficient services. 

Consulta local lawyer and proceed on further issues. 

slakshmanrao (accounts officer)     03 October 2015

The Suggestion from Shri.T.Kalaiselvan Advocate is the best remedy.


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