Our society in Mumbai has been proposed for dedevelopment since a long time. The society finally had an agreement with a Developer in September 2009. Its been almost 4 years now, and the building has still not been redeveloped. The agreement that was signed between the society and the developer has not been registered yet. Recently after relaxation on FSI rules, the society has been pushing the Developer to increase the additional area and for some more commercial terms. The builder has drafted a new agreement and is presented to the society for approval.
Can the new agreement remove any clause from the previous one? We have been offered X sq. ft. additional area in lieu of our terrace flat. Can the builder remove this clause in the new agreement? It so happens that in 2009 there was no objection to my additional area from anyone, but now society is pushing the builder to not grant us the additional area. We are afrad the builder will remove the clause granting us additional area.
On legal advice, We were told to write a letter to the registrar, stating that the older agreement has not been registered and stamp duty was not paid for the same. This will lead to an enquiry to the builder and the agreement will get registered.
Now our question. Can an agreement signed in 2009 be registered in 2013? If so, how can resident of the society get this done? & can a new agreement over riding the first one pe passed too? If so, what changes can be done in the newer agreement? Builder is offering more area, and more rent now, can these be added? Can any clause be removed? Specifically, can the clause that states the builder has agreed to pay additional area to us against open terrace be removed? What are the ups and downs of getting this done, especially when a newer agreement is round the corner?
More details on our case: https://www.lawyersclubindia.com/forum/Extortion-harassment-amp-defamation-by-society-ovr-our-terrace-87529.asp
