CHANGING TERMS OF REGISTERED DEVELOPMENT AGREEMENT TO FAVOR DEVELOPER
10-Jan-2023 (In Property Law)
SIR,
THE REGISTERED DEVELOPMENT AGREEMENT EXECUTED IN 2015 PROVIDE FOR BANK GUARANTEE OF RS 15.30 CRORES /
SHARING OF BENEFIT OF INCREASE IN FSI IN FUTURE IN EQUAL PROPORTION AFTER DEDUCTING EXPENSES
SOCIETY PERMISSION IF ANY CHANGE IS TO BE MADE BY DEVELOPER IN PLANS APPROVED BY BOTH THE PARTIES
THE WORK HAS NOT BEEN STARTED AND IOD EXPIRED IN 2016.
THE DEVELOPER HAS ASKED THE SOCIETY TO WAIVE ABOVE CLAUSES BY EXECUTING SUPPLEMENTARY AGREEMENT AND INFORMED SOCIETY THAT THEREAFTER HE WILL START WORK OF REDEVELOPMENT.
SOCIETY IMMEDIATELY CONVENED MEETING OF MEMBERS AND PASSED RESOLUTION AND EXECUTED SUPPLEMENTARY AGREEMENT.
THE MEMBERS ARE LAYMAN AND KEPT SILENCE AS BUILDING IS IN DILAPIDATED CONDITION.
HOW CAN AN INDIVIDUAL MEMBER PROTECT HIS PROPERTY WHEN MAJORITY MEMBERS ARE WITH SOCIETY.
HOW CAN I ENSURE THAT RENTS ARE PAID TO ME REGULARLY CAN I GET ANY RELIEF BY APPROACHING COURT WHEN MAJORITY MEMBERS HAVE NO OBJECTION
REGARDS
This is my response to you:
1. If you believe that there is some procedural impropriety or illegal activity then you must take legal action;
2. You can file a Writ Petition in the high court and seek stay;
3. You can also injunction order;
4. You can ask the High Court for injunction;
5. Consult a local lawyer and take steps.
1. If you believe that there is some procedural impropriety or illegal activity then you must take legal action;
2. You can file a Writ Petition in the high court and seek stay;
3. You can also injunction order;
4. You can ask the High Court for injunction;
5. Consult a local lawyer and take steps.
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