Legal Question in Real Estate Law in India

the owner has entered in development agreement with builder and also power of attorney is executed and both are registerd and agreement clearly state that it is properiotorship concern . but the developer expired but before expiry the proprioptership was converted in to partnership by the builder without the consent of the owner and neither the owner was informed but the same partnership firm entered in to development agreement with new builder (incoming builder)of which owner is not aware .therefore payemt is pending of the owner which is supposed to be paid by developer to the owner for which owner send notice of payment to the developer,and the received reply stating that the developer has expired.

Note : physical poseession of the plot was never handed over to the deceased developer .

Therefore please guide what legal remedy available with the owner as follows for the question as follows.

1) IS it possible for owner to cancel the Development Agreement ?

2)Can Owner enter in to new Development Agreement with other Developer without the consent of the partners and incoming builder?

3) What legal action can be taken by the Partners of the deceased Developer And by the incoming Builder Against the owner.

4) who can recover the payment payed by the deceased builder to the owner ?

a)Legal heirer of deceased developer or

b)partners or

c)by incoming developer.

5)Does the partners of deceased and incoming builder can enter in to development agreement and power attorney with other builder ? if Yes then what legal action can be taken by the owner inorder to restrain the partners and incoming developer to enter in to DA and power of attorney.

2 Answers from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?