Cancellation or surrender deeds in case of development rights.
salman khan
(Querist) 13 July 2012
This query is : Resolved
my friend had given the property in development rights to other friend for 18/month but during this period he did not commence the work, so land lord give 6/month more to start a work even that he did not do the same, hence land lord want to terminate this contract with developer so whether it should have CANCELLATION DEED OR TERMINATION OF CONTRACT OR SURRENDERING DEEDS please clarify which document they have to create now
ajay sethi
(Expert) 13 July 2012
time must have been essence of contract . if developer has failed to complete the work during period mentioned in the contract then your friend should issue him notice for termination of contract . please contact a local lawyer
prabhakar singh
(Expert) 14 July 2012
If it has to be done mutually then a surrender deed by the developer can do and in case developer does not agree then notice of termination contract entered into with him should be sent to the developer as suggested by Mr.Sethi.
Dr J C Vashista
(Expert) 17 July 2012
Rightly advised by Mr. Ajay Sethi, failure on the part of contractual obligation invites to be issued with a notice in writing followed by termination of the agreement, if do not pursue, otherwise seek relief of specific performance, through district courts engaging a local lawyer.
