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Author Topic: Development agreement breach...urgent help needed please  (Read 492 times)

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Offline Dollnick

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Development agreement breach...urgent help needed please
« on: December 27, 2017, 05:01:12 AM »
Hi, need assistance with regards to Development agreement breach. My brother entered into an agreement with four builders on 50-50 basis 3 years ago (land owned by my brother). Now one of the builder has refused to fulfil the contract and have asked for the advance together with compensation from my brother for 5 lakhs, whereas it is him who has refused to fulfil the contract
The land is situated in Maharashtra, Pune. There were 4 partners and one died earlier this year. The builder said one of the builder is no more and he doesn’t get along with the other two, hence he doesn’t want to proceed with the contract. There was no notice send or any notification made with regards to this. He was refusing to give the property documents. (land ownership documents which are on my Brother’s name were handed over to them as part of the agreement, I believe) He only agreed to handover those documents once my brother accepted to give me cheque for the advance amount.  Is this acceptable?
I’d also like to mention there was an industrial shed on the property for which my Brother used to receive rent, it is all demolished now and for past 3 years there is no income on that property.
I therefore believe my brother should be claiming compensation n not him. Can you please advice.

Many thanks

Offline kalaskarkk

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Re: Development agreement breach...urgent help needed please
« Reply #1 on: December 29, 2017, 09:12:01 PM »
Dear Friend,

1. The terms of contract appears to have been violated by the builder, then there would be know refund of advance amount paid to your brother by the builder.

2. If you could send scanned copy of the said agreement then i am in a better position to advise you more appropriately.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

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