Legal Question in Real Estate Law in India

landlord versus developer

iam the landlord of 500 sq yard plot and i have given the plot to a builder in 40:60 ratio for constructing G+3 floors, he completed the building and he got his share of building registered. now my builder says he wants to construct one more floor for which he is asking me to bear the cost. my question is when the land was given for development in agreed 40:60 ratio, should he not bear the entire cost of construction for additional floors


Asked on 6/24/07, 5:11 am

5 Answers from Attorneys

Re: landlord versus developer

If the terms of contract speaks so then your builder has right to ask for remedy otherwise he can not ask you to bear the cost.

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Answered on 6/24/07, 2:25 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: landlord versus developer

this would be clear from your collaboration agreement. it is advisable you send the same through email and then the right answer would be posted

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Answered on 6/27/07, 2:57 am
Shrichand Nahar S.V.Nahar, Advocate

Re: landlord versus developer

Did you incur construction costs in 40:60 ratio? Please be clear and specific while giving facts.

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Answered on 6/26/07, 4:18 am
kavitha balakrishnan kpp associates

Re: landlord versus developer

this can be clarified only by viewing the agreements you have entered! you have to go by the agreement. but if there is no clause for further or additional construction you demand the builder to build it all by himself.

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Answered on 6/25/07, 12:40 am

Re: landlord versus developer

There are certain questions to be clarified ;what were the terms and conditions of your agreement with the developer,Did the deveolper got aproved the sanantion plan of the building and its height if the developer voilates the terms and condition then you have a remedy to challeged the agreement

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Answered on 6/24/07, 6:34 am


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