Parties to the suit

This query is : Resolved 
 


Querist : Anonymous (Querist)
08 November 2019

me along with my brothers having undivided share executed development agreement in favour of builder/developer in 2014.
terms were:
that the developer will develop the land within 36 months
the developer if fails to handover possession of flats within 36 months he shall pay damages

default of developer:
the developer has neither developed the land nor has paid damages till today

note: the developer has amalgamated our land with the adjacent land owners, there is no deed of amalgamation signed by us with the developer or the adjecent owners (we had given permission in our development agreement to the developer to amalgamate lands if required for development, however the amalgamation has never been informed to us)

notice of termination has been sent and the developer has denied the termination

my questions:
1.what is the effect of amalgamation of land?
2. are we supposed to add the adjacent land owners (amalgamated land owners) as defendants in the suit along with the developer or there is no need?


KISHAN DUTT RETD JUDGE (Expert)
08 November 2019

Dear Sir,
You have two options, to get issue a legal notice to cancel joint development agreement as he unilaterally proceeded for amalgamation with neighboring land owners. Or you may proceed with such proposal if builder ready to compensate you any amount which you may demand.

SHIRISH PAWAR, 7738990900 (Expert)
08 November 2019

Dear Anonymous,

You have already send notice and terminated agreement which has been denied by the developer now you have to file suit in civil court against developer. You can make adjacent land owner as a party to the suit.

Regards,


Querist : Anonymous (Querist)
08 November 2019

Thank you experts for the above advice. .
1. Dear Kishan dutt sir . . We had approached the builder and informed him that without Amalgamation deed he cannot proceed. . He said in our development agreement I have given permission to amalgamate the lands so separate deed of amalgamation of lands is not required. .

2. Dear shrish pawar sir. . The adjecent land owners are not party to my development agreement. . Can I file suit without adding them as parties ?

Dr J C Vashista (Expert)
09 November 2019

What are the terms and conditions of the development agreement qua amalgamation with its pros and cons with respect to your interest in the proposed upcoming premises?
Whether it is beneficial to the parties to Development Agreement?
Before termination of the subject agreement what was the opinion/clash of interest of the parties?
It is advisable to consult a local prudent lawyer for better appreciation of facts/ relevant documents, guidance and proceeding.



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