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Author Topic: Development agreement breach...urgent help needed please  (Read 373 times)

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Offline Dollnick

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Development agreement breach...urgent help needed please
« on: December 27, 2017, 05:28:45 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 30, 2017, 11:04:10 PM »
Dear Sir,
1.   To be honest first get rid of such builders, it is initial stage, they may cause more financial loss to you.
2.   Find out another builder and have agreement with them.
3.   Claiming compensation is only mutual agreement, you cannot force but you have say that and if you publicly about the illegal breach of that builder then he will be afraid of his reputation being demoralized, may come to terms. But be advised that you should not approach the on this issue.

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

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Re: Development agreement breach...urgent help needed please
« Reply #2 on: January 06, 2018, 06:13:05 AM »
Dear Sir,

The contract shall be governed as per the terms and conditions stipulated in the agreement. Please show it to some lawyer, who can help after going through the agreement. There must be some terms and conditions about leaving the agreement etc or about the compensation given or not given to any of the parties to the contract.

With regard to property documents, your brother can always file a complaint that the property documents are misplaced and get another certified copy from the registrar of documents i.e. SDM office if its a registered transfer or from tehsildar office I think. depends on the nature of the property. Even otherwise, by holding the original documents the builder cannot become the owner of the property.

Your brother can also send a legal notice for illegal breach of the contract.

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