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Rajesh   10 October 2017

Agreement, structure demolished, cancel deed, new agreement

Sir/Madam ,

                  An Agreement of Sale was done between the builder and me of FLAT NO  A/102.The structure that was to be constructed was of 7 storey...but due to some changes in rules by the bmc, the structure had to be demolished after the construction of 3 storey .Now a new structure is being erected which is of 20 storey for which an ALLOTMENT LETTER of FLAT NO A/103 was given to me for which A NEW AGREEMENT IS TO BE REGISTERED in a month or two….but before that the developer is asking me to CANCEL  the previous REGISTERED AGREEMENT OF SALE of FLAT NO A/102….The structure is under construction….Requesting to please answer my following query

     The Flat number in the new agreement is changed from FLAT A/102 to FLAT A/103 though the wing is same.I don’t have any information if the previous owner of FLAT NO A/103 has submitted  the cancellation of the sale agreement because the earlier structure was said to be fully registered by the developer, also I have read in earlier of your forums that “DOUBLE REGISTRATION” is invalid

             https://www.lawyersclubindia.com/forum/Cancellation-of-registered-sale-agreement-49416.asp

             So will this change in flat number or double registration cause any problem in future??



Learning

 6 Replies

Rajesh   10 October 2017

Sir/Madam also I forgot to mention that, Earlier registered agreement was made in the year 2007....the building after the construction of 3 storey was demolished in the year 2012 and now new agreement will be registered this year i.e 2017.

Thanking you.

manoj   10 October 2017

Unless We see the document we cannot guide you

Manoj

Advocate

8686159292

Siddharth Srivastava (Advocate)     10 October 2017

Agreement is required to be examined. You may also execute addendum(Ammendment) agreement and in such situation no need to cancel earlier agreement. Consult a lawyer with details.

Rajesh   11 October 2017

Really appreciate the replies Sir....I had a talk with them..I conveyed to them what Adv Sidharth ji has said....Their response was they will revert me back after a talk with their lawyer...Will Keep Updating here...please keep the thread open...and once again thanks a lot Adv Manoj ji and Adv Sidharth ji.

Registerexperts (company registeration)     11 October 2017

Agreement is required to be examined. You may also execute addendum(Ammendment) agreement and in such situation no need to cancel earlier agreement. Consult a lawyer with details.

 

Rajesh   11 October 2017

Sir you are just repeating what Adv Sidharthji has already mentioned....


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