Conveyance deed.
RAJESH
(Querist) 11 November 2011
This query is : Resolved
We are registered Housing Society situated at Dombivali (East) from 1994. The Housing Society is registered in the year 1999, however, till date the Conveyance of Land & Building of the Society has not been executed by builder.
Society has filled Legal case against Builder in the Kalyan Court in the year 2002.
From last one year we are trying to compromise with builder for the conveyance of Society. Builder is now ready to execute the conveyance, accordingly we have organize all the required documents along with final Conveyance Deed (on Stamp Paper of Rs.5,000/-) which has accepted by Builder.
However, now builder is asking us to withdraw Legal Case filed against him before registration of Conveyance Deed.
Please let us have your suggestion for the same.
Devajyoti Barman
(Expert) 11 November 2011
Since the builder might very well appeared in the case. let a compromise petition signed by both the parties be filed under order 23 rule 3 of CPC whereby you incorporate all the terms reached between the flat owners and the builders.
If the builder falters then you could execute the compromise decree.
prabhakar singh
(Expert) 11 November 2011
AND TO EXECUTE A COMPROMISE DECREE THE TERMS OF COMPROMISE MUST LAY DOWN SO IS THE CAUTION.
M V Gupta
(Expert) 13 November 2011
You should not withdraw the suit simplicitor without executing the consent terms and filing it in the court as suggested by Shri Burman. Otherwise you may land in trouble if the builder after withdrawal of the suit changes his mind.
RAJESH
(Querist) 14 November 2011
Thanks all for your valuable replies.
