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Notarised agreement with builder still no work started what action


12-Feb-2023 (In Consumer Court Law)

I entered into an agreement with builder to develop my property.But he is not registered in Ranchi municipal corporation.one year has been passed & no work started.How can I breach this agreement .

Answers (2)

Answer #1
823 votes
There must be some terms and conditions mentioned in the builders agreement so far the commencement and completion of the agreement moreover you must have given power of attorney to execute the work since no work has commenced for a year or so therefore you can notice him to commence the work within a specefied period or cancel the agreement thereafter

Answer #2
959 votes
Dear questioner ,
As per your subject your have raised two issues
(1) Whether Notarized agreement is valid on the law or not?
(2) whether Development agreement can be void on the point of non- performance of the agreement by the Developer?
Answer of Q. 1 :- Any notarized agreement with a Notary Officer is a valid document on the point of law as the Notary Act of India because the Notary Officer has been recruitment by the state Government as well as Central Government, ergo notarized agreement is a valid contract on the eye of law.
Answer of Q. 2. :- It is not a vital issue that agreement is not registered in Ranchi or elsewhere. If the developer has not performed his part as the terms or conditions of the Contract you can at any time break the agreement but prior to breaking agreement you should have sent the legal notice to the developer regarding the whole issues for non- performance of the contract..
As per the terms of your contract you must be highlighted that when the work will be started or when it will finish. on this point you can drift away from the contract.
Your agreement is a Tri - party agreement so you can enforce the builder to work immediately otherwise you can terminate the agreement as per the proviso of India Contract Act.

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