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Way to cancel a joint development aggrement with builder


26-Jun-2023 (In Property Law)
We did a JDA with builder on our land in Jan 2018. With the clause that he will complete the project within 2yrs after the plan is sanctioned. But uptil now he only did demarcation and have not done a single work. He is not sure of the plans of what to do with and is not ready to cancel the aggrement. How can we get out of it. It is now more than 2years.
Answers (2)

Answer #1
621 votes
This is my response to you: 1. Is it a registered JDA? 2. If yes then you will need to enter into cancellation agreement; 3. If no then formally terminate it; 4. Consult a local lawyer and take steps.
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Advocate Gowaal Padavi

Adv. Gowaal Padavi

LawRato Mumbai | 1000+ Answers
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Answer #2
814 votes
You may first check whether amicably by issuing notice to terminate with a clear intent has to be done. Thereafter steps can be taken to invoke legal proceedings, as against the developer and oust him from the project. You may reach out to us for legal assistance as the terms of the development agreement needs to be thoroughly hone through and thereaftee a legal remedy to oust the Developer can be prepared. One more thing you need to bear in mind, whether you have a new developer now to take up the construction work. that is equally important, as intention to redevelop has to be clear when you decide to go to court.
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Advocate Sarthak Shah

Adv. Sarthak Shah

LawRatoMumbai | 100+ Answers
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