How far it is legally binding on the real owners

Querist : Anonymous (Querist) 03 August 2010 This query is : Resolved
Respected Experts,

The Owner and the builder have executed a Development Agreement agreeing 30% of built-up area towards the owner and 70 % towards the builder. And after execution of the said Development Agreement, the Developer executed a Development Agreement with some other parties agreeing to give 35% built up area to them from out of the 70% of his share, without consulting and knowledge of the owner.

The act of the Developer is legally valid one or not, since there is no clause to give sub Development to any 3rd parties. If so how far the said 3rd party Development Agreement is binding on the real owners.

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adv. rajeev ( rajoo ) (Expert) 03 August 2010
when there is no sub clause in the agreement between the owner and the builder then the subsequent act of the developer is valid.