Legal Question in Real Estate Law in India
development agreeement
1) If an development agreement has been signed by an owner in which it has been Specifically Mentioned that ''Residential Building is to be constructed on that Said Plot'' Can Developer has right to Construct Commercial building on that Said Plot Without taking any written consent of the owner.
2) An If developer Construct Commercial Building Even Though the Development agreement Specifically Says to Construct Residential Building .What Action an owner can take against the developer to restrict developer to construct Commercial building.
3) If Developer is insisting on to develop commercial building ? Do the owner has right to Demand a new consideration, as earlier the consideration agreed between owner and Developer was regarding Residential Building
4) If the owner has issued possession letter of the land in favour of developer,but the physical possession of the land is not given ? can developer has right to vacant the land from the possession of the owner?
2 Answers from Attorneys
Re: development agreeement
(1) No, the developer cannot alter the plan without consent of the owner;
(2) The owner can approach the loan authorities for a direction to raise construction as per building plans.
(3) yes, the owner has a right to re-negotiate the entire transaction.
(4) will depend upon terms of the agreement.
If the building has not been constructed so far, you may cancel the agreement.
The construction will be raised as per building plans which will require your approval.
If you are not satisfied with the transaction and construction, you should withhold your approval from submission of building plans.
Re: development agreeement
1) Yes, if reading and interpreting agreement fully give this meaning and not a singular line or clause state it.
2) Action for cancellation/revocation with restoration of property and refund of consideration will be available.
3) Anything can be agreed mutually.
4) No.
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