Builder agreement with all share holders bot not with one

Y V Vishweshwar Rao (Querist) 24 December 2011 This query is : Resolved
Respected experts

The Builder has entered in to Development agreement & obtained GPA to an extent of 60 % share of Builder - from share holders of Ancestral property -construction is in progress -any other Junior family member can obtain Injunction orders Not to construct the Building

please refer any citations in favour of the Builder! thanks in advance .

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Shonee Kapoor (Expert) 24 December 2011
what kind of agreement was it?

And whether the junior was also part of that agreement either himself or through his junior.

And is that junior a minor or major.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 25 December 2011
When builder have entered with agreement with all shareholders of the ancestral property there is no question of any suit from those who presently do not form any coparcenary in the property then why is apprehension has not been clarified in your query.
It should be supposed that law is so that any of co parcenary member at present being entitled to demand partition from karta of JHUF,if left out in the agreement, can seek injunction; but those members of JHUF who have simply chance of succession after death of their ancestor in his line can not seek any injunction.

Guest (Expert) 26 December 2011
Dear Rao,

Can you please elucidate, how the question arises about any junior family member trying to take injunction when all the shareholders of the property have been the part of the agreement?

Advocate. Arunagiri (Expert) 26 December 2011
It seems the agreement was entered excluding one shareholder.

In that case, the agreement holder can not construct anything on the property.

The left out share holder is having all such rights to challenge.

Solution:-

Divide the share of the left out shareholder, you have control over the remaining portion and continue the construction.

Devajyoti Barman (Expert) 28 December 2011
If the share holder's interest is jeopardised or he is deprived then onlyu he could make such mischief, otherwise no grounds seem to be available.

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