Legal Question in Real Estate Law in India
I own an immovable property, as detailed below, by virtue of a 'WILL' executed by my deceased father, duly registered at the O/o SR, Delhi :
1) A constructed property on Freehold plot duly mutated in my favour .
2) Attached to this property is a Lease-hold vacant plot, purchased by him, which is not mutated nor converted into Freehold by me.
While I possess all relevant documents for the constructed property (at No:1), I lost the relevant documents for the vacant plot (at No: 2 above).
Since the construction is about 60 years old, I decided to reconstruct this through collaboration with a builder. So, I contacted a reputed builder and explained the status in detail and handed over all relevant documents to him. The Builder promptly made a term sheet, on plain paper duly signed by both of us on 1st Feb 2012, which states that he would get the documents at 2 above cleared by the concerned authority, get plans sanctioned for entire plot, demolish existing structure and reconstruct Basement, Stilt parking, plus 4 living floors on the plot for us, and in lieu a floor would be given to him; he would also pay me a non-refundable deposit of �X� amount, of which he paid me a nominal amount of 1.5% on signing the said paper. Over 6 months has passed since we signed the paper but the builder is neither hurrying up for the papers cleared, rather refuses to pay any further amount at this stage on various pretexts viz: lack of clear title, non-availability of papers for the vacant plot etc. etc.
My Query is:
In view of Builder�s dilly-dallying attitude towards pursuing the officials for obtaining the desired documents, and refusal to pay further funds against the �X� amount, can I withdraw my intention for collaboration and reject the term-sheet, or I am legally bound to abide by that ? Kindly advise.
A K Sen (Mob:9810016021)
(request change the name)
2 Answers from Attorneys
you may serve a legal notice upon the builder expressing your intention to cancel the collaboration agreement due to willful default on his part in performing his part of the agreement. in case the builder contests the same, you may approach the court.
May be.
You need to consult your lawyer with all details/documents for analysis of pros and cons and formulating a strategy with regard to possible litigation.
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