RAJESH (HR) 11 November 2011

Withdrawal of case before conveyance deed.

We are registered Housing Society situated at Dombivali (East) from 1994. The Housing Society is registered in the year 1999, however, till date the Conveyance of Land & Building of the Society has not been executed by builder. Society has filled Legal case against Builder in the Kalyan Court in the year 2002. From last one year we are trying to compromise with builder for the conveyance of Society. Builder is now ready to execute the conveyance, accordingly we have organize all the required documents along with final Conveyance Deed (on Stamp Paper of Rs.5,000/-) which has accepted by Builder. However, now builder is asking us to withdraw Legal Case filed against him before registration of Conveyance Deed. Please let us have your suggestion for the same.

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MRKGANDHI (Advocate) 12 November 2011

Sir

There is no harm provided you are sure the builder will act upon his promise. Both the parties should in the first instance work out detailed compromise terms (keep in mind that no ambuguities should be left) and check legal hurdles from other agencies; lest the builder put the blame on third parties. Obtain a compromise decree and both parties can then act upon such compromise terms. A simple withdrawal is not advisable.