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hari (contractor)     15 December 2010

Unregistered document valid or not

HI I have made an agreement with a builder of developing my 800 sq yds in 2008.  It has been 2 yrs full now he didnt even start the work and neither paid the fees to the goverment even after repeated notice from the govt to pay the fees for develpment... Now he claims that he cannot work and he need his money back which he paid 8 lakhs..in which 5 is in form of good will and 3 in form of advance...

my claim is the document is not registered first of all and we are asking for compensation for the delay of the construction as the land owner...we dont want to return the amount which he gave

can we give our land to another builder as he refuses to agree cancellation, is that agreement valid as it is unregistred and he has not fullfiled the agreement terms as he needs to complete in 1 yr in the agreement..

Can we allot the site to another builder or not on this issue will court give stay order to stop construction if he goes to count on site or only on the money..


Urgent please


 24 Replies

Bharatkumar (ADVOCATE )     15 December 2010

Please attach a draft copy of Agreement. Builder give a receipt so u can go to court for that and I think court give a stay for that.

hari (contractor)     15 December 2010

So can i give my site to other builder now...so you mean to say that builder has the right even he has not done the work...is the issue only with the money given or even the site ..if he goes to court

shekhar (proietor)     15 December 2010

1 it all depends on terms and conditions in agreement  2 you should able to prove that you have given all posible chance to work on agrrement . 3 agreement shuld have notaried with two witnecess. its my opinion but better to consult local advocate

Bharatkumar (ADVOCATE )     15 December 2010

Term and condition is not apply by Builder so u can give a notice for cancel the said Agreement.

shekhar (proietor)     15 December 2010

bharat kumar sir,

i think  mr hari has not discosed all facts.

Triloknath l pandey Adv. (Legal Officer.)     15 December 2010

According to the act of registration there are certain documents whose registration is essential for its validity hence i believe that document which are unregistered are unenforceble under the eyes of law.

shekhar (proietor)     15 December 2010

i think 1 doccuments must be at least notarised. 2 payment given by builder is by cheque or else. and much more

hari (contractor)     15 December 2010

I have given my open plot of 800 sq yds to builder to develop apartments in November 2008.  I have given general power/development agreement to builder and has given all rights to start construction signed even on the approved plans.   It has been 2 yrs now he hasn't paid the govt fees either and the land is just like that where we have handed over to him on 2008 without any proceedings..

Document is unregistered. 

1.  Builder has not paid the fees to the government for approval of buildings.

2.  Now  he is saying he doesn't have money to construct so he is asking back the goodwill and the advance which he paid in the form of 5 and 2 lakhs respectively..  cash of 2 lakhs is paid by cheque and 5 lakhs by cash.

3. Our point is we dont want to return his money as he has created loss by not constructing and we want to give the site to another builder now..can we give the site to another builder just by sending the cancellation letter on behalf of my lawyer to him..

will it be enough by giving just a paper add to public as well after sending cancellation letter to builder as builder wil not come for cancellation as we are reluctant to give money..


4.  IS there any chance for him to stop the construction by law or police

4.. Will the court give any stay on construction if the new builder starts the construction as the old one approaches the court..

5..  Do we need to pay the amount as we are reluctant to do as he has created loss to us..

I have mentioned everything here if u need anything else i will provide neccessary.. It has not been notarized..just between me and builder that's all..

shekhar (proietor)     15 December 2010

you should send a notice through advocate menioning delay for constuction, fees/ tax to be paid by him and time limit to reply this notice. you must had to notarise it before.  but in notice ,you mention about agreement you did with him. if he replies to notice indirectly he accepts the validity of agreement. if he didnt reply its his fault . you can mention that i will file a suit for my damage and wastage of time with interest of 24 5 rate.

shekhar (proietor)     15 December 2010

this is my opinion and you must consult advocate. he can stop the construction if you start construction withought full filling some conditions. but he will need to prove in court to stop construction. no police help will be possible.  this is my opinion

hari (contractor)     15 December 2010

1.   you can mention that i will file a suit for my damage and wastage of time with interest of 24 5 rate.


2.  He can stop the construction if you start construction withought full filling some conditions.

1. what does that 24 5 rate means in the first case..?

2.  what are the conditions that I should fullfill to make my construction undisturbed


Please give me clarification on these two..

amit (founder)     16 December 2010

Can your builder prove legally that you have given him plot for development and he paid 8 lakhs to you? If he can’t then it’s difficult for him to bring stay on construction. In these types of cases, builders used muscle power to settle the score. But if you are firm on your decisions and fight legally then he cannot do anything. Small builders run away from legal fights. They are scared that they should not get cought else somewhere.

this is my experience.


Uma parameswaran (lawyer)     16 December 2010

Yes you can approach Court.

shekhar (proietor)     16 December 2010

it is better to consult local advocate. each matter is 100 of points hiden in the case. only you can do to send notice to builder with consulting advocate. 10 lack is not small amount. do not give any document or do not sign i=any document before consulting advocate.

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