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arun kumar (Executive)     28 June 2021

Cancellation of Property Deal

Respected Experts,

My father was owner of an Hut which later went in SRA scheme. Once the Annexure -II was issued my father had made a deal with a local builder and accepted Rs.125000/- vide cheques from that builder, my father kept him insisting to make full payment but he did not gave full amount as agreed.

Subsequently, the hut went under redevelopment and the Bar of no sell of SRA flat came into force, during the mean time I tried to contact the builder several times to make us payment as my father was very ill.

Recently, My father is expired and that builder is trying to usurp our property as he says that he has given approx. 3.5 lacs to my father in cash and also claiming that he has an Notarized agreement where my father has made a deal of that Hut only in 7 lacs.

The property values around 45 lacs also a suit is going on in that SRA flat with my uncle and as per SRA norms my mother is the co-owner of that flat but the builder is saying he will only pay 4 lacs and once 10 year is completed he will take possession of said flat.

Sir, please guide, can we cancel the deal made by my deceased father by repaying the builder the part consideration my father took from him with interest, as the builder is notorious and is trying to grab the property in pennys.


 5 Replies

G.L.N. Prasad (Retired employee.)     29 June 2021

You require immediate remedy as the builder is unethically exploiting your weakness.  Contact a local advocate for a suitable reply as the study of such a Notarized agreement must be studied and the payments made to your father must have been recorded in his accounts, with due receipts from your deceased father.  I have my own doubts that the objective of the contract is itself illegal, as the purpose of the SRA scheme is to rehabilitate slum dwellers, and transfers are specifically barred.  The builder knows this law and still entered into some type of agreement knowing that it is illegal.

1 Like

arun kumar (Executive)     29 June 2021

But sir, what if he forged my father's signatures

G.L.N. Prasad (Retired employee.)     29 June 2021

The forged agreement amounts to fraud, and you can defend the same that the builder has played fraud by forging the signature. Such agreements forged are legally not enforceable. If you have such doubts, ask the builder for such copy of the agreement signed by your father and get an authentic opinion from approved labs like Truth Labs, Hyderabad, it becomes an valuable piece of evidence.

T. Kalaiselvan, Advocate (Advocate)     01 July 2021

The notarized agreement alleged to have been entered into by your deceased father and the builder is not maintainable in law and it cannot be enforced ion court of law.

You can issue a legal notice to the builder  on the guidelines of the redevelopment rules of SRA i.e. DCR  and instruct him to refrain from claiming your property and to deliver possession of your property if he had taken possession earlier from your father on the basis of the alleged agreement.


arun kumar (Executive)     03 July 2021

No sir, Yet he has not claimed possession as the transaction itself has not completed of we see according to his point of view and also he cannot take possession unless 10 years lock period has been elapsed but as I am digging the matter I have came to know that he fraudulently collided with the developer and took the keys of allotted flat in his possession and he is only passing time as once 10 year period is over he will forcefully take possession of said flat even though there is strict condition of registration and stamp duty.

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