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Rajesh   06 November 2022

What agreement supersedes?

Respected Sir/Madam,

If society redevelopment agreement between builder and society says compensation to members will be 20% but in the individual agreements with each member (which is subsequent to development agreement) the same compensation is stated as say 15% which one supersedes?

Ideally there should be just a pointer to right clause to redevelopment agreement, but I am asking from practical situation.

Thanks



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2025

the individual agreement with each member typically governs the actual compensation that the member receives—even if it's lower than what was promised in the overarching redevelopment agreement between the builder and the society.

 Here’s why:

📝 Individual agreements are binding contracts: Once a member signs their personal agreement, it becomes the operative document for that transaction. Courts often uphold the terms of the signed agreement unless there's evidence of coercion, fraud, or misrepresentation.

📜 Society agreement sets the framework: The redevelopment agreement between the builder and the society outlines general terms, including compensation.

But unless the individual agreement explicitly refers back to that clause or incorporates it by reference, the standalone agreement takes precedence for that member.

⚖️ Legal precedence favors specific over general: In contract law, a specific agreement between two parties (builder and member) usually overrides a general agreement (builder and society) when there's a conflict—unless the member can prove they were misled or unaware of the discrepancy.

That said, if the society agreement was registered and publicly available, and members were promised 20% in official communications, there could be grounds to challenge the lower compensation. But it would depend on the facts, including whether the member knowingly accepted the 15% and whether the society acted in good faith.


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