• What is the implication of accepting condition without knowing

I booked a flat of a renowned builder in Greater Noida At the time of signing agreement they have taken my sign on a paper that I am agree with the changed condition.The condition was kept blank.Can you tell me what is the implication ?
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

you should never sign on blank papers .

2) once you have done so you authorise builder to fill in the details

3) the terms and conditions would be binding upon you

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

1) request builder to furnish you copy of the agreement signed by you

2)also mention that your signature was obtained on bank page and to return the blank page signed by you

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

1. The condition now binds you.

2. It is not a defence that you were unaware of the condition or its legal import.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Possession of flat would be handed over to you

However on blank page they may incorporate clauses that you have given your consent for carrying on additional construction, possession would be handed over by x date so that you don't claim interest for delay in delivery of possession

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

See if you have made the payment on time and they are running the project on time then they have no right to forfeit your money and also keep the flat with them. They are bound to hand over the possession to you and in case you have defaulted with the payment then also they are bound to refund the money as per the agreed terms and conditions.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I booked a flat of a renowned builder in Greater Noida At the time of signing agreement they have taken my sign on a paper that I am agree with the changed condition.The condition was kept blank.Can you tell me what is the implication ?

The intention to obtain signature on the blank papers is for including the conditions favoring the builder at a later stage.

This is how some builders implement their hidden agenda.

You should have objected to signing the conditions kept blank.

If this is not a registered agreement, you may sigh a relief because unregistered sale agreement cannot be enforced in law or court.

You can challenge them if need arises.

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

What can I do now

You can get a copy of the blank conditions signed by you or you can ask the builder to cancel the agreement condition kept blank with your signature, you can issue a notice to this effect to the builder if he is not agreeing for oral request.

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

Can you quantify my loss?Is it possible that they deny to handover the property to me?

There is no question of denying to hand over the property just becasue they obtained your signature in a blank paper.

You can drag them to consumer court as well as criminal court if such a thing happens.

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

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