We had registered our UDS only with One Promoter For Apartment JV on February -2017 .So far the Promoter is Not started any Work and no Reply from him Please advise us how to cancel the UDS
Asked 2 months ago in Property Law from Coimbatore, Tamil Nadu
We had registered our UDS only with One Promoter For Apartment JV on February -2017 .So far the Promoter is Not started any Work and no Reply from him Please advise us how to cancel the UDS and What is the procedure to be followed for Cancel the Registered UDS
Asked 2 months ago
You can send him a legal motive for cancelling it..
1) What are the clauses in your JV agreement with the builder ?
2) is the agreement registered ?
Does agreement contain clause as to period within which work is to commence ?
4) Does contract contain cancellation clause ?
5) it is necessary to peruse agreement to advise
Send email to builder that although 6 months have since signing of agreement work had not commenced on site
2) request builder to furnish bar chart as to when work would start and be completed
without perusal of the agreement it is not possible to give you a concrete advise, you can send a e-mail to the builder with regard to your query that why the work at the site has not commenced and if you fail to get a reply and if he is not acting with the sprit of the agreement you can send him a legal notice.
Advocate, New Delhi
To answer your query, it is necessary to have a look at the Agreement entered into in between you and the promoter. Conditions under this contract can be cancelled jointly or by either party must have also been described in the said agreement. Please quote the relevant clauses of the said agreement here so that i may give you a concrete advise. In any case you should send the promoter an e-mail followed by a legal notice expressing your intention of cancelling this agreement for he has drastically failed in starting the construction.
1. you should give him a notice for cancellation of UDS
2. thereafter getting no reply from him you can file a case under specific relief act for either to perform his part or compensate in lieu of cancellation of UDS
What is UDS registration?
Have you entered into a JV by a registered agreement with the builder?
If the builder is not responding or likely to breach the conditions of contract you may give a legal notice intimating that since he has breached the contract conditions you are terminating the agreement and can endorse a copy to the concerned registrar in this regard.
Serve a lawyer's notice to the promoter that the work has not started even after lapse of 6 months from the registration of the agreement, hence you are cancelling it. Be that as it may,without threadbare perusal of the agreement it is not possible to form a clear opinion. So consult a lawyer with a copy of the agreement.