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talatam subash   01 February 2019

is cancellation of gpa cum sale agreement possible

dear all,

my parents executed a GPA cum sale agreement in favour of a sole proprietorship firm in aug 2016 for construction of flats on the land owned by my parents. the stage of construction at the timenl of execution of the document was - " super structure complete".

The builder has been given 6 months time to complete the balance work, with a condition that incase of failure to complete he would be liable to pay rent on our share until handover.

it is now more than 2.5 years now and he has not completed the work yet. off late he started works in the flats falling in his share and when we ask him about our flats he is ignoring.

what is the legal remedy to my parents as the builder is non cooperative and not answering the phone. the aggrement is having irrevocable clause.


Learning

 2 Replies

SOLOMON.RAJ (advocate/director)     02 February 2019

Dear querist

You can firstly file a criminal case for cheating against the builder

Secondly also file a specific performance suit which will be civil in nature at the concerned jurisdictional civil courts.

Solomon Raj K B
Advocate
High Courts of Andhra & Telangana
Bharat Gaurav Samman Awardee
Email: justiceleague367@yahoo.com
rajcarey@yahoo.com
phone 9866545086

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 February 2019

I suggest you to move appropriate court and obtain stay order preventing further construction. Once it's done, the builder shall cone to your terms. Contact a good Lawyer in your area.

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