Recourse under MOFA
Rajesh Shah
(Querist) 14 January 2010
This query is : Resolved
Can by an unregistered agreement a suit for specific performance and statutory obligation be filed against a developer, this unregistered agreement is entered into between a tenant and a developer and landlord who is a confirming party.
Can it be admissible under MOFA 4A.
Property is in Sub.Mumbai.
Agreement says of developer giving new premises in lieu of the old tenanted premises free of cost on ownership basis.
Agreement contains all details of performance, course of action,and 'Plans' identifying promised flats.
Agreement is made under MOFA.
When building is nearing completion the developer for the first time sends a without prejudice letter to the tenant confirming the agreement but saying that he will not be able to give flats as per agreement instead he will give half in A'Wing' and half in the other.
This Developer is eyeing to earn more profit from selling this large and three side facing flat promised to the tenant,
naturally due to his greed.
Above agreement contains clause saying it is the duty of the developer to pay the stamp duty and registration charges.
Can you suggest further course of actions!
Raj Kumar Makkad
(Expert) 14 January 2010
Yes. Suit for specific performance is legally maintainable in the given facts.
Rajesh Shah
(Querist) 15 January 2010
Thank's for your reply Sir!
Please can you guide any further remedy or course of action
From Rajesh to Adv.R K Makkad
