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Builder is not developing my land as per agreement what can I do
07-Jul-2023 (In Property Law)
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 POA now. Now builder is refusing to develop the property and also not telling any plans.He has not got any plan sanctioned from last 1 year.Actual development agreement is with the builder and he is not returning development agreement.How to cancel this development agreement?
Venerated Sir.... As per your query we have raised two issues (1) You want to terminate the Development Agreement and (2) process for enforcing the development agreement. With pleasure I would like to inform you that as per the Indian Contract Act, you can enforce the builder for part performance of Contract and if he has not done any thing on the project then you can give the notice to the builder regarding non performance of contract and suppose builder will not reply your notice then it will be the one of the ground for termination of contract and suppose he replies your notice then he accepts your facts in other ways, hence we would have to be made ground for voidness of development agreement in toto. Three years is not hard and fast rules because on this point Supreme Court's decision have come. We need to perusal the development agreement meticulously with sparingly so that we can enforce the builder for performance of contract and make points for termination of contract.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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dear client.
you need to simply send a legal notice in regards to cancellation of development agreement..
and make a paper publication and cancel the development agreement.
is there any compensation for cancellation via builder ..???
you need to simply send a legal notice in regards to cancellation of development agreement..
and make a paper publication and cancel the development agreement.
is there any compensation for cancellation via builder ..???
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Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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Since power of attorney has not been invoked there is nothing to worry in absences of power builder can do nothing however giving all the details you can serve him a pleaders notice terminating the entire agreement as a whole
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Adv. Jorong Sanga
Ranchi | 100+ Answers
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