LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Notice to Advocate for Development Agreement.

Hi,

Landowners have received entire amount by builder for development purpose. But for demanding extra money they are sending notices to builder through their advocate for illegality of document on baseless reasons. Out builder have already registered Development Agreement alongwith their power of attorney and money has been credited to them.

Now What to do? Plz. help Immediately.

Thank You.



Learning

 6 Replies

ravikumarbcombl (advocate)     13 February 2009

Hi, once the Development agreement is registered then why do you worry, all issues will be solved legally, in your case you are not clearly saying the reason of their extra demand.... for what?


In developement agreement generally a developer agreed to develop the land belonging to the land owner for a consideration as mutually agreed between them to convey a share of land in favour of the developer and the land owner to retain the remining share to be developed by the developer. Further if the land owner's share is somewhat extent is lesser value then the developer will agree additionally to give the money for consideration.


This is the fact in developement or joint developments....... if you want to get more clarity then you have to specify what about the understanding or consideration in your agreement...... that is essential to give you some advise.


 


(Guest)

Hi sir, the main problem is that the land is based in Prime location. Hence, Landowners are demanding extra market price. Now the thing is that they are saying that Developer has cheated with us.... Whats this?


Landowners are well aware that they had accepted and admitted before Registrar, nevertheless, they are sending such baseless notices through advocates. Now if we are on behalf of developer, than what to do... I mean to say that what to say to the concerned opposite landowner advocate? Which statement I need to be used in reply to notice....?

kavi (lawyer)     14 February 2009

Mr. Jivan Bhoasale


After concluding of development agreement and receiving consideration the contract has effected and now you are in safe position.


 


But you are facing present trend problem that hike in real estate make the land owners greedy for money. So for  more need of money they will create such problems their only aim is money . You just reply to notice as usual and dont worry about it.

PALNITKAR V.V. (Lawyer)     17 February 2009

Simply deny their allegations while replying the notice. Also level counter allegations that they are demanding extra money just because the location is prime and they want to extract money by putting pressure on the builder. Go ahead with work and let the land owner to the court. You are very safe!

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     14 March 2009

i agree with PANLIKAR SIR.

Y V Vishweshwar Rao (Advocate )     23 March 2009

 I agree with my lrd friends and further add ;-


In Every Develoment  agreement  the terms will be fixed and the Scheme of the Development will be according to the Terms . The Demand  of the Land  owners is out of the Terms of the Agreement the same is to be specified in the Reply Notice 


It is General  Clause in  all the Development Agreements that  the Land owners shold not  interfere or try to stop the Construction , for the delay / damages /loss caused by the Land owners  to the Builder shall be reimbursed by the Land Owenrs .


Verify the Terms of the Development Agreement  and   reply the Notice stating  that their claim is illegla and with out any basis under the Development Agreement  . The Agreement  Temrs  will be the reply to the Land Owners . They have no right to claim more amount as and when the project locality petentaility is increased , the claim would be against the  Agreed Terms .


 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register