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Dheeraj   24 June 2016

Settelment deed format - for property refund

Hello Sir/Madam,

I had booked a flat with a builder in Gurgaon and they are unable to start the construction. We paid Rs. 26 lacs and have all receipts and BBA. Due to that the builder is not able to construct the property, we asked for our refund, which they have agreed too. But they are asking to refund the money in 13 monthly installments. 

For which they are asking us to sign a Settelement Deed and asking us to return all original documents to them. Also they are asking for undertaking from us that we dont have any disputes and overdue with the builder after signing the settelment deed.

Pls help and guide us in this matter on following questions :

1) Should we return the original documents to them?

2) Pls advise is there is any settelement deed format for such settelement where the investor is not getting the full refund in one shot?

3) In case any cheques is dis-honored, what can we do legally? 

Pls help.

Best Regards,

Dheeraj Raghav



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 June 2016

Sir, 

 

Yes I feel its a good option and you can do that. Get the Settlelment deed drafted very carefully. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     24 June 2016

Why should you agree to get your own money back in 13 installments?

You may go thru:

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

https://www.google.co.in/search?q=real+estate+act+2016&oq=Real+&aqs=chrome.1.69i57j69i59j0l4.3012j0j8&sourceid=chrome&ie=UTF-8

 

Engage  avery able counsel specializing in such/property/consumer matters before you act on your own.

 

 

 

 

 

Dheeraj   24 June 2016

Hello Kumar Sir,

Thanks for your reply.

My BBA says a tenure of 4yrs and 6 months for constriction, out of which I its only 1.5yrs have passed only. If I go for legal action , then my case will not stand because the builderr did not default and court will ask me to wait for BBA time. Thats why we are trying to settle this without littigation but they are agreeing to refund  in 13 months installments only and asking to do a settlement deed. That's why I have asked the above questions before siging the settlement deed.

Pls advsie.

Kumar Doab (FIN)     24 June 2016

You are closest to the facts and persons.

Apply your own judgment.

Let your able counsel draft the agreement to defend your interest.


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