Legal Question in Civil Litigation in India

Owners A of land L entered in to a development agreement with developer D where C is a conforming party to the agreement for construction a residential complex on land A. The agreement has the successors or assigns clause. D assigns the development nights via another agreement to another developer M. This agreement also has the successors and assigns clause. M completed the assignment that is development of the land by building a residential unit as per approved plan. Now A enters in to another agreement with C. So the sequence of events is

1. Agreement between A and (D and C)

2. Agreement with D and M

3. M completes the assignment, that is develops/constructs the building

4. A and C enter in to another agreement for the development

5. A few of the owners in A pay M some money and take possession.

6. As per agreement, M is allowed to sell some tenements in this building. So M sells these tenements

7. A does not recognize this sale as legal and argues that they do not have any agreement with M and that their agreement is only with C(as per 4).In fact they deny the existence of the agreement as per point 1

Is the stand of A legally defensible?


Asked on 11/04/11, 3:03 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

A could deny the recognition of sale of tenements but cannot deny the agreement with D where C is a confirming party. For detailed reasons please contact the undersigned.

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Answered on 11/09/11, 4:17 am


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