Legal Question in Real Estate Law in India

We have given our property for redevelopment but the builder hasn't started the work, its been four years since we have signed the papers but no progress yet. Kindly confirm whether we can terminate the development agreement signed between the builder and ourselves

Also the said builder has not mentioned any time limit in the redevelopment agreement, in spite of that can we as owners terminate the agreement in court alone by ourselves or has the builder to be present at the time of cancelling the agreement.

Appreciate your favourable response, as now the builder has come with a letter stating that he has applied for IOD but is not showing us the copy of such application.

Regards

Sandra


Asked on 10/26/13, 2:45 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

26.10.2013

Dear Sandra,

YES, you can issue a notice to the Builder that in view of the long time that has elapsed, you are no longer interested in entrusting the redevelopment of your building to him. The builder will receive a summons from the Court to remain present for the decision cancelling his permission.

Regards,

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Answered on 10/26/13, 3:13 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

time is the essence in such contracts and hence you may file a suit against him for mandatory injunction with an alternative prayer of declaration for the cancellation of the agreement.You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/241013

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Answered on 10/26/13, 5:15 am


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