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Author Topic: How to cancel Development Agreement  (Read 393 times)

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Offline vinvics

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How to cancel Development Agreement
« on: July 07, 2016, 12:06:52 AM »
I have a plot . And i have entered in development agreement with a builder in 2015. Development agreement has only one termination clause which says from the time of date of sanction of plan he has to complete the development within 3 years.There is no other termination clause on overall time period. We have not invoked any POA now.
Now the builder is refusing to develop the property and also not telling any future plans.
He has not got any plan sanctioned from last 1 year.
Actual development agreement is with the builder and he is not returning it back .
 Because of this issue no other builder is taking my land for development.
What should i do to terminate the development agreement?

Offline adv.amarnath

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Re: How to cancel Development Agreement
« Reply #1 on: July 09, 2016, 09:07:43 AM »
Development Agreement can be cancelled by sending a notice with valid reasons simultaneously by revoking power of attorney.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: How to cancel Development Agreement
« Reply #2 on: July 15, 2016, 06:48:38 PM »
Hi
The date of sanction of plan seems to be very critical in your development agreement and hence you need to do your own due diligence before initiating any action.
You need to check whether the builder has submitted his application including Structural Designs and Drawings for obtaining building construction permission. If the building construction permission has been applied, check whether there are any procedural delays there. some times if the plans are not as per building rules and specifications, these plans are rejected and the builder needs to submit new plans.
Next if the builder has not submitted any application for building sanction of plan, chances are that the builder is not able to fulfill his part of action.

So issue notices to the builder on his plans for obtaining building plans and commencement of construction work. if there is no response to your notice, then you should initiate suit under specific relied act to cancel the development agreement.

The power of attorney can also be revoked based on the builder's response.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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