Legal Question in Real Estate Law in India

Re: development agreement residential

You need to read and interpret an agreement as whole and decide.

Re: development agreement residential

Replying to the queries raised by you:

The Legal Position:

1) Developer has no right to construct a commercial building if there is a development agreement which provides specifically that only residential building is to be constructed on the plot. Such agreement can be cancelled immediately.

Possible Course of Action:

(1) You can cancel the agreement; take the possession back through due process of law.

(2) You can ask and force the builder to enter into a new agreement or amend earlier agreement.

(3) You can file Suit for specific performance and damages against the builder.

(4) Incase the developer insists on building a commercial premises, the owner has an option of novation of the agreement by means of amendment in the old agreement in which new consideration can be demanded.

Re: development agreement residential

You can file a suit for specific perfomance and press damages against the builder.

Re: development agreement residential

In your case item 1& 2 depends upon the terms of agreement as arrived between the parties and in caseof breach by the builder you may claim damages and also for specific performance of the contract.You may also approach the court for damages and specific performance of contract.In regard to item 3, the novation of contract can be made at any stage and it depends upon upon the parties to settle about the terms of contract.In case of need contact with details.Professional charges are applicable.