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Is consent to builder without 79A is legal ?
10-Sep-2023 (In Property Law)
Dear Sir,
I am the resident of a MHADA building in Ghatkopar, Mumbai.
We had appointed a builder in 2010 for redevelopment. Builder gave us a multiple modified offers but without entering into 79A agreement Builder took irrevocable consent from us(One member gave revocable consent) and Couple of members from our building handed over to builder our consents without any legal agreement (79A) and any offer letter from the builder. Later on builder never turned up for any discussions. And 7 years passed like that.
In october 2017 we wrote the letter to the builder that we have lost the faith in you and therefore we requested the builder to return our consent back. But builder is reluctant to give our consent back. He is just harassing us by keeping our consent with him for last 8 years.
1. Is our consent has any expiry if there is no 79A done?
2. Is our consent still valid given 8 years back without any progress?
3. Is there any need to send legal notice to builder to get back consent?
This is my response to you:
1. Send him a legal notice;
2. Withdraw the consent notice;
3. State that the consent letter is not valid and the due process of law has not been followed;
4. Say that the period of limitation is running against him and the consent of 8 years old cannot be used by him now;
5. If he does not respond the approach police and the consumer court.
1. Send him a legal notice;
2. Withdraw the consent notice;
3. State that the consent letter is not valid and the due process of law has not been followed;
4. Say that the period of limitation is running against him and the consent of 8 years old cannot be used by him now;
5. If he does not respond the approach police and the consumer court.
Helpful?
42+
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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yes, u give the legal notice under the MOFA ACT to builder . if he is no compliance u/s 79 A OF mhada act . and u have filed a criminal as well civil case upon the builder . if u have any mou was made between us therefore u r also liable to perform the said MOU under the civil laws . lastly , if any remedy u r not obtained it is sure to file PRIVATE CASE u/s 420 406 r/w 34 of i.p.c
Helpful?
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Adv. Sushil Kumar Tiwari
Mumbai | 25+ Answers
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You will have to take legal steps to force the builder to return the letters
Please appoint Advocate and file case against the builder without any more delay.
Kindly contact Lawrato for further discussion and help.
Please appoint Advocate and file case against the builder without any more delay.
Kindly contact Lawrato for further discussion and help.
Helpful?
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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