Legal Question in Real Estate Law in
Subject: After �Revocation of Power of Attorney� and �Deed cancellation�, Developer is unwilling to accept advance money paid to owner(self)
1. A �MOA� was signed in Mar 2010 and subsequently Power of Attorney(POA) was signed in favour of Developer to contract a 3-storey apartment on the plot. Rs 1 lakh was given by Developer to owner in Mar 2010, as a part of agreement.
2. Owner(self) decided to cancel the Deed and accordingly to POA was revoked in July 2010. Till now developer has not been given any possession of the land / old house situated on the plot. The Developer has not got plan sanctioned so far(or, shown to us).
3. Questions:
(a) Is the agreement cancelled in all respect?
(b) How to refund the advance money of Rs.1lakh (as stated above) to the Developer, as Developed is not showing any concern to accept the money back and complete the process of cancellation. As stated earlier, Owner is not interested in any developing her plot any more.
(c) Request advise how to refund the advance as stated in 3(b) above and complete the process of cancellation.
Regards,
TK Guha
(On behalf of my Mother-in-law)
2 Answers from Attorneys
You may send the amount by way of banker's cheque to the Developer in the sum of 1 Lakh along with letter of termination of contract. If he does not accept and hand you over the possession you may file a complaint for breach of trust and as well a civil suit for declaring the contract as void and consequential relief of possession
a proper cancellation deed is to be drafted and it is to be signed by the developer and the owner and in that it is to be mentioned that a cheque of Rs. 1 lac is being given towards cancellation of earlier agreement. unless the cancellation deed is made, no point sending the cheque back.
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