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property share dispute with builder in remodeling reconstruction
22-Mar-2025 (In Property Law)
Need consultation in property share dispute with builder in remodeling and reconstruction. Previously our share was one floor out of 3 now builder is making 5 floors with basement without any compensation to us. How to deal with this builder? Need help
You may challenge the builder’s actions legally, as any deviation from the agreed terms requires your consent. First, review your development agreement or joint venture contract to determine your rightful share. If the builder has constructed additional floors without compensating you, you can issue a legal notice demanding your rightful share or compensation. Additionally, you may approach RERA or the civil court to seek redressal, including an injunction on unauthorized construction. If fraud is involved, you can also file a criminal complaint.
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But the practical approach gives better results
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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You need to hire expert advocate I’m such cases. If the collaboration agreement doesn’t have such conditions of 5th floor n basement, then this is breach of contract.
We need to immediately issue the legal notice to builder followed By suit for injunction
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Adv. D. Khan
Delhi | 1000+ Answers
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File a civil suit for permanent injunction along with ad interim injunction against this builder to stop him from making any further construction and also for breach of contract in the civil court of your jurisdiction where property is situated
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Adv. Vinay Redhu
Delhi | 200+ Answers
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The resolution of this matter will largely depend on the terms outlined in your contract with the builder, as well as any agreements established with the other owners of the building. It's important to review the documents carefully. Specifically, does your sale deed provide any information regarding the floor-to-area ratio (FAR) of the plot? Understanding the FAR can significantly impact development possibilities and usage of the property, so it's worth examining if it’s addressed in your documentation.
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Dear Client
You must have entered into an Agreement, we would have to refer to the same to establish the rights and liabilities of the builder, in case the construction was not authorised/allowed, we would need to apply for an injunction against the builder.
Please feel free to get in touch to discuss further.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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