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.
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.
