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aniln (none)     29 August 2013

Appointing a builder to erect a building (mumbai)

Hello everyone,

I have been a long time lurker of this forum but never registered until now  :)

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We live in mumbai. My late father married twice since his first wife passed away. He has children from both wives. After father passed away in the 80s, the family entered into a long legal dispute over property which has finally concluded with the court judgement.

Fathers property of 600 sq meters has been divided into three shares:

1) 200sq mtrs to my uncle(he is my fathers brother)
2) 200sq mtrs to his first wife and their children
3) 200sq mtrs to his second wife and their children(I'm the son of this wife)

We have had enough. We are tried and exausted to fight anymore. All we want now is to erect a building on this 600sq mtr property.

We(ie, second wife family) have appointed a builder for this purpose. He is instructed to carry out the work by talking to all the three families.

I(second wife family) have submitted the following documents to this builder:

1) An MoU
2) Power of attorney
3) Letter of consent

The power of attorney says that "second wife" is the owner of "600 sq mtrs" of land but it is not true. There are two other families who own 1/3rd share each.

My question is why would a builder make this false claim? Is this possible? What is his intention?

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I have to confess that we don't know the actual process of entering into a contract with a builder for erecting a building. I request the knowledgeable people on this forum to please provide as much information as possible to help me understand this thoroughly.

My sincere regards,
Anil Sawant



Learning

 2 Replies

Prerak Choudhary (Advocate)     29 August 2013

In order to advise you comprehensively, I shall have to go through the relevant papers.

However, based on my understanding from what you have stated in your post, you all may collectively enter into a development agreement with the builder and have the same registered along with the court judgement you have written about. 

You may contact a lawyer/solicitor for the purpose.

For further assistance, feel free to contact me at +919920472747. I shall be pleased to offer whatever help I can.

Thanks and Regards,

Adv. P. Choudhary

Mumbai, India

+919920472747

2BHelpfull (Other)     29 August 2013

as court order for partition has been passed i.e. u must having a court order copy.

as in POA says second wife has ownership of  whole land i.e 600, which is false.

 

POA will be cancelled as it has stated false statement n concerned person (second wife)could be charged with stating /making false POA.

 

other 2 owner can also file case against second wife .

 

as far as builder is concered if case is filed, he will state that second wife has said the land belong to her n will show her POA.

 

then fraud case will be registered


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