Unknown blogger (ABC) 06 December 2015

Property

Dear Experts I have booked an under construction flat in Mulund, Mumbai in the year 2011. its a redevelopment project in which 14 floor tower will be for actual tenants and 21 floor tower is for sale. Till date 5 floors of tenant wing and 3 floors of sales wing are constructed in last 4 years. We ask builder about the progress and every time he gives us same answer that CC is awaiting. Its being 4 years now builder have not done anything and now he has introduced a financer who is asking a Rate of Rs 12500/- per sqft which is almost more than double. I have booked my flat in tenants wing on 5th floor and also done the registration of the said flat. please guide me what to do further.

Also i need your advise as if this new financer forms a new development agreement with society by terminating agreement with original developer, then will my registarion stand or it will have no legal value as the builder is changed.

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5 Replies

Member of club (retired) 07 December 2015

My Father's property

My mother's son from her previous marriage - Has he and his wife got the right on our father property?

Adv. Yogen Kakade (+ 91 9225510883) 07 December 2015

Hi,

The said developer must have executed a development agreement with the earlier society members.. he gets an authority to deal with the additional portion of FSI.

As you have booked your flat and you have entered into an agreement with the develpoer, then the terms including the consideration (rate per sq. ft.) the builder or developer is binding to follow the same. He cannot change the rate under these circumstances that his so called financer is asking for more amount.

If he denies to act as per the terms agreed with you in the agreement, you can file a suit for specific performance and even consumer forum.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

Unknown blogger (ABC) 07 December 2015

Now if society cancells agreement with earlier developer with whom we have done agreement, and brings new developer than what will be the status of my registration, as i do not have any relation with society and new developer. I have association with old builder but what if his agreement is legally terminated due to enormous delay in construction by the society

Adv. Yogen Kakade (+ 91 9225510883) 08 December 2015

Hi,

The developer has to follow the agreement with you.. otherwise it's going to be breach of contract..

Send legal notice to the developer as wel as to the earlier society mentioning your loss and the consequences.

You have nothing to do with the new builder or his terms.. Even he has to entertain you with the same terms decided between you and the earlier builder.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

Unknown blogger (ABC) 08 December 2015

Sir, Thanks for the advise. But considering Judgement of DN Nagar federation Andheri, Vaidehi and rustomjee, Honorable bench of Justice clearly mentioned that those who have registered agreemaent in saleable area with vaidehi have no association with DN Nagar federation and rustomjee. They have to settle their consequences with Vaidehi only and their agreement cancellation is legal.