I am not a lawyer, but I can provide some general information that may help you understand the situation you're facing. It's important to consult with a legal professional who specializes in real estate and property law to get advice tailored to your specific circumstances. Here are some potential legal implications and steps you may consider:
1. Breach of Joint Development Agreement (JDA):
If the developer used land that was initially non-saleable without your consent or in violation of the JDA terms, they may have breached the agreement.
2. Legal Ownership and Title Issues:
If the land used by the developer is not legally owned by them, it could lead to title disputes and legal complications.
The fact that all applications, affidavits, and approvals are in your name may create a complex situation, as you may be considered the legal owner of the property.
3. Liability for Unauthorized Development:
You could be held liable for any unauthorized development that has taken place on the property, especially if it violates zoning laws or land use regulations.
4. Eswathu and Saleable Area Issues:
If the developer has obtained eswathu for the kharab land and is selling it as saleable area, this could lead to fraudulent practices and legal consequences for both you and the developer.
5. Potential Legal Actions:
You may need to consider legal actions such as canceling or terminating the JDA, seeking an injunction to stop the unauthorized sales, or filing a complaint against the developer for their actions.
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It is crucial to consult with a real estate attorney who can review your JDA, investigate the land title, and provide guidance on the best course of action to protect your interests.
7. Negotiate with the Developer:
Depending on the circumstances and the relationship with the developer, you may want to explore negotiation and settlement options.
8. Inform Relevant Authorities:
If there are illegal activities or fraudulent practices involved, you should consider reporting them to the appropriate local authorities or regulatory bodies.
9. Property Due Diligence:
In future agreements, ensure thorough due diligence on the property, including verifying its saleability, before entering into any development agreements.