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Legal validity of an unregistered collaboration agreement with builder
12-Jan-2023 (In Property Law)
The collaboration agreement with the builder is unregistered and according to the agreement if the builder doesnt conplete the construction within 24 months then he will pay us penalty of 50000/- rs every month and if he doesnt complete it by 36 months then his possession over the flats will automatically be cancelled and we will sale his flats and pay him after the deduction of the expenses incured by us in making all the floors his and ours But its been now 4-5 years and he is not constructing it abd even didnt payed us the penalty amount So do we need to send him any legal notice Or we can sell the property with his concern need
You option is to either file a consumer complaint or file a suit for declaration and recovery claiming your money as well as getting title of the remaining flats as per law. While in a civil suit the court fee is higher but you will get all reliefs and in consumer you can get compensation and the refund. Final advice would depend on perusal of documents.
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31+
31+
Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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First of all what you want either possession or refund the amount from the builder. Secondly, if you want possession or refund then you must send legal notice to builder and thereafter after sending the notice if the builder didn't reply you within time frame then you must file the case before the Consumer Forum as per the jurisdiction. Don't wait for that and you can discuss with over the phone.
Helpful?
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40+
Adv. Rakesh Kumar Singh
Delhi | 25+ Answers
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