Hi, I have two legal queries, both slightly interrelated
1) My dad, his brother and two of his cousins had a plot of land measuring 2 bighas in the heart of Jorhat district in assam (ancestral property)
2) On April 30, 2004 , they signed an agreement with a Guwahati based builder, to develop that property of land into residential and commercial complex. In return , they were to get 3600 square of residential area per brother ( totaling up to 14,400 square feet). The term used in the agreement is - "hand over 3600 square feet of built up residential areas to all four of the first party"
3) The residential area was to be handed over by 30th April 2008, permissable by extension of one year
4) The flats were handed over in 2011
5) All papers has still not be handed out as they are awaiting muncipality clearance
6) It has recently come up to our notice that he has provided only around 2700 square feet of built up area. The rest he has advised ( on phone) is on pretext of common areas, staircase area , corridor area etc. However , I presume than he should have said 3600 square feet of super built up area - but the agreement mentioned he was to provide 3600 square feet of built up area.
7) I have sent builder a letter (not through lawyer though) to clear his stand in writing on the difference of area provided
want to know if can seek Compensation for the difference, and if yes, how and at what rate
second query is interrelated , n it stand as below
2) he used around 3/4th of the area for development of residential area, and the rest 1/4th is still vacant - where he wants to build a commercial complex.He has not started work though, and area is lying vacant
2) Just ahead of the area is a pool, and before the pool, lies a piece of eksonia land (where allotment is given by government for one year) - dont know what english term is
3) This land has been in our possession since 1987, and my dad used to run a shop there.Besides , there are two other shops which we have given on rent.
4) Now that my dad has expired, we have given my dad's shop on rent, and other two shops are continuing on rent
5) This are the only source of income for my mother
6) Now, the muncipal ward commisoner came yesterday, and informally told us that the deputy commissoner has requested the munciplaity for evacuation of that area. We think that the builder might have a role in this, as he had persisted on emptying the same, as it was supposed to be used as a parking lot for commercial complex
7) query is - a) since he given us built up area of around 3000 square feet less (totalling 4 families), can we apply for a contract breach and apply for injunction in the area kept by builder for construction of commercial complex
b) what is the way to wrest control of the shops as they are the only source of income for my mom.How can we tackle this matter legally