Hello,
I have booked an apartment in bangalore, The apartment is constructed by the Builder under Joint Development Agreement(JDA) with the Landowners. The Landowners executed a JDA in favour of the Builder, and the JDA is registered in Bangalore sub-registrar office, on 15-Dec-2010. Also, the Landowners have executed general Power of Attorney in favour of the builder, to develop the land, construct apartments and sell 60% of the undivided right, title and interest in the land apart from the constructions made thereon. The GPA is registered in sub-registrar office on 15-Dec-2010.
The Builder have prepared the plan and got necessary approval from karnataka government bodies, to start construction of the apartment.
The builder has built the apartment as A, B blocks as per the plan. The builder share of the apartment (from both A, B block) is completely sold out. Almost 90% of the people who bought the flat took loan from banks ( including SBI, LIC Housing). All the people who bought the flats have paid atleast 80% of their flat cost.
'A' block of the apartment (having 55% of the total flats) is fully completed and few people have done the registration of sale deed.
B-Block works are 90% over.
Now, the landowners are raising a concern on quality of the construction. And the landowners have served a notice to builder claiming they cancelled the GPA. However, GPA revocation deed is not yet filed in sub-registrar office. And the JDA is not yet cancelled.
Is the cancelling of GPA valid.?
We have booked flats from builder's share. After cancelling the GPA , does the builder has right to execute the sale deed for our flats?
Whether the Sale deed registration happend, before cancellation of the GPA is valid?
We have paid minimum 80% of our flat cost, can the landowner deny us possesion of our flats.
We are clueless, on what to do next, and how do we get our flat completed. Pls help.
