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Defect liability period

(Querist) 17 September 2014 This query is : Resolved 
Dear sirs, Recently Our society filed a case on developer under MOFA. After this, we recd letter from one of the partner of developer which states that he de-registered himself from partnership in 2010 & our complaint pertains to period after 2010 so he should not be held responsible for any grievances of members. He was partner from start of redevelopment 2007 to possession of members in redeveloped building in 2010. Our redevelopment agreement is silent on Defect Liability Period. Our query is, Is there any law which can help us in this matter?
ROHIT SHARMA (Expert) 17 September 2014
1. If the redevelopment agreement is silent on Defect Liability Period then such a partner who was initially a partner can be held liable for to answer to issues of the cause of action. He can be made a respondent too.
Raj Kumar Makkad (Expert) 18 September 2014
The letter is not a bar to stop you to use your legal rights to get the compensation from the partners who had initially part to the agreement. You are not bound by such letters. Keep the same status of your title of the case.
SAA_Bombay (Querist) 19 September 2014
Thank You Sir/s.
Raj Kumar Makkad (Expert) 19 September 2014
You are most welcome.


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