What is the options"D" have?
Querist :
Anonymous
(Querist) 19 April 2010
This query is : Resolved
Respected Experts,
Plz. Give me a suitable solution for the below mentioned problem.
“A” is the Builder and “B” is the land owner. Both of them have executed an un-registered Memorandum for Development Rights on dt. 31-04-2006 for a project, as per the terms and conditions, as mentioned therein. Accordingly the Builder has paid some advance amount to the land owners in this connection. But the said amount has shared by “C”, after their mutual agreement, since the developer has offered to share some extent or partnership in the above project to “C”, as they are business friends.
Later, the said project went in administrative litigations in clearing the file before the Government, the Builder is not interested to continue the same. Towards full and final settlement of his payment, “C” has introduced and offered “D” with 30% of premium in the total project and was not informed about the litigation. Having faith and confidence on “C”, ”D” has invested some amount and settle the issue of the Builder.
After payment made by “D”, the Builder has handed over the Original document ie., Memorandum for Development Rights dt. 31-04-2006 (un-registered) to “D”. The said fact is known to the land owners and “C”.
Now everybody has dropped from the above project. Even now, the land owners or “C” did not come up settlement of the amounts of “D” and simply prolonging the matter without any solution, even after several demands made by “D” either personally or through the mediators.
In this:-
(1) The above said document is not in favour of either “C” or “D”.
(2) “C” also invested some amounts, but no document is in favour.
(3) Now “C” has taken total responsibility in clearing the issue of “D”, but playing game without clearing the issue.
(4) Now how “D” can recover his money from them. He is having only the original document in his possession.
Raj Kumar Makkad
(Expert) 19 April 2010
1. Yes. The documents handed over to D are not in favour of him as discussed in query also.
2. Yes.
3. ok
4. He can file a civil suit for recovery as well as a criminal case of fraud.
Querist :
Anonymous
(Querist) 19 April 2010
Respected Raj Kumar Sir, Namaste and Thanks for your valuable suggession. Actually I am most probably basing your suggessions. Once again thanks you Sir,With regard to point No.4 describe me briefly Sir.
