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Puneet bhasin (MANAGER)     19 April 2013

Urgent reply !

I have a property in delhi i have made a agreement of collaboration with the builder on a 50 rupees stam-paper not registered. In the agreement he made me his partner and told me as we finish the construction we will sell the 2nd floor and the profit will be shared between both of us equally Now in the middle of the construction the building stopped the work of my building and started blackmailing me and want the floor to be sold out by giving excuse of shot of funds and want to sell the floor to his cousin at a cheap rate..  i have send him a notice by my lawyer in return he filed a case against me and my mother as  the property is in name of my mother that we have cheated him and son and mother are fooling him and he is unable to construct the building with foolish excuses...and now he want a stay also he want to construct the building and want us to vanish and we do not interrupt as he want he will make the building.. this case has now been in court for past 2 years now in between he contacted our lawyer to give him bribe that he should help him to give a stay on our building so that he can blackmail us... as we are a native from LUCKNOW and my nanajee has given this delhi property to my mother..so we have come here for the construction..

now please let us know what to do in this case also can the agreement can be canceled or how we can come out from this net of builder.. as many property dealers and builders has told us that we have to compromise with the builder no other option we have also the builder has ruined the image of our building to all the property dealers.. I am really fed up ...

Please suggest me a solution how to put this builder behind bars i want to take a serious action against this builder who has fooled us for past 2 years how t put this many behind bars... Also he is demanding a sum of 60 lacks..to leave my building as it is...for a negotiation .. as he is now becoming a mafia... with no regrets and no fear .. i really want to teach this man a lesson so that he cannot in his whole life can do this to anyone else..

please suggest me what to do ?? i really need you r help and advice..



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 2 Replies

ajay sethi (lawyer)     19 April 2013

1) development agreement entered into with builder is understamped and not admissible in evidence . for development of property worth crores you dont do it on Rs 50 stamp paper

2) submit said dcoument of adjudication and pay proper stamp duty .

3)was time the essence of contract . it is necessary to go through the provisions of agreement entered into with builder to advise .

4)the agreement must be containing a clause that in event construction is not completed with stipulated period follwing would be the consequences .

5) you have mentioned that suit is pending in courts . it appears that builder wants to wiggle out of his commitments and not carry out construction .

6) since you have already engaged a lawyer to fight the case go by his advise . it is necessary to go through the averments mentioned in the suit , reply filed in court to advise further

 

Puneet bhasin (MANAGER)     19 April 2013

thank for your reply sir,

                                       The builder has not paid proper court fees and my Lawyer has put 7/11 case from our side that the case is not mendable as the property is in crores he has not paid proper court fees also the case is pending in theshazari court and the second claws that the court has no juridiction as the court deal case under 5-10 lakhs and the said property is above 1 crore..  Sir please advice me can i file a criminal case against this builder or not also he has put us under metal tension and we are bearing a heavy loose staying in delhi also unable to sell out flat too.. please advice me..... thanks.


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