Collaboration agreement

sankalp (Querist) 15 February 2016 This query is : Resolved
2 YEARS AGO I DID AN UN REGISTERED COLLABORATION AGREEMENT WITH A BUILDER FOR MY PLOT FOR THE CONSTRUCTION OF THE PLOT IN WHICH I WAS TO GIVE HIM 1ST FLOOR OF THE BUILDING.NOW I WANT TO RE IMBURSE HIM TOWARDS COST OF CONSTRUCTION AND KEEP THE FIRST FLOOR AND HE HAS ALSO AGREED.HOW CAN I CANCEL/CHANGE COLLABORATION AGREEMENT IN TODAYS DATE THE BUILDER IS SUGGESTING TO CHANGE THE SECOND PAGE OF THE PAST AGREEMENT ONLY

Follow Query

Report Abuse

rajagopal.s (Expert) 15 February 2016
Hi Sankalp
please do not repeat the mistake of not registering the collaboration agreement.
Kindly register the new collaboration agreement, clearly stating that all previous agreements, writings, commitments (oral or written) are deemed null and void and only the terms of new collaboration agreement shall be the full and final agreement which shall be binding on both the parties.

Devajyoti Barman (Expert) 16 February 2016
1. You can enter into supplementary collaboration agreement and add this clause.
2. Since you are the owner of the land and getting back your pwn property the said agreement is not compulsorily registrable document.
3. if the first agreement is not registered the second amended need not be done so.

sankalp (Querist) 16 February 2016
Thanks for your revert sirs
the builder is saying to change the second page of collaboration agreement using the same stamp paper and use the term construction agreement which will just reimburse him construction cost .if we use the same stamp paper it cannot register it now since it is 2 years old and in todays date building is completed so cannot do a construction agreemnet in todays date .
what he is suggested is correct ? any other document can be prepared to safeguard our claim like indemnity bond etc ?

Rajendra K Goyal (Expert) 16 February 2016
It is better to enter into another agreement clearly cancelling previous agreement.

sankalp (Querist) 16 February 2016
Dear Sirs,

Still a lot of confusion, building is complete, Occupation Certificate is received. If I enter into another agreement wherein I reimburse the builder cost towards construction now and cancel the collaboration agreement, how was the building made ? Builder has agreed to change collaboration into construction agreement in back date, give me possesion letter now & also give me a Indeminity Bond now. Please advise. Thanks.