• Redevelopment

Dear Sir

Your below message well noted. The answer was Awesome

With regards to copy of agreement which says 90 days, this cluase was mentioned in the draft agreement which was finalised between the Builder and ourselves? 

In view of the above can we still have the said Agreement cancelled and on what grounds?

Could you please let us know under what section of the law can we go forward and cancell the Agreement.

Also appreciate if you could tell us that as per the law how long does it take the Builder to obtain IOD?

Awaiting you reponse, I remain,

Yours faithfully
Sandra Gilbert

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Dear Sir/Madam
We have entered into an Agreement with one Builder for Redevelopment of our Plot situated at Hill Road, Bandra (West). 
While drafting out the terms and conditions our earlier advocate had kept a time limit of 90 days for the said builder to obtain IOD, but due to ill health our advocate wasn't in a frame to attend the same and hence we appointed another advocate, who investigated the draft made by the senior advocate and did little corrections here and there, but at time of signing the Agreement in Court, we once again asked our advocate to check if the documents are proper or is there anything changed, but he informed us that every page was as per the draft.
We accordingly signed the same and got the Development Agreement registered on 19th November 2009 (though the Builder in order to save Income Tax had got the said Agreement typed on stamp paper dated July 2008), little knowing that the builder and the advocate had cheated us i.e. to say the clause of 90 days was changed and instead there was no time limit mentioned. We came to know about the same only recently when we showed the Development Agreement to some family friend.
Looking into the above circumstances, I need your help and guidance to the following:
1.	 How long does it take to get an IOD passed once documents for obtaining the same are submitted?
2.	What documents are required to be submitted for obtaining IOD?
3.	As the clause of 90 days has been removed and since it is become now 5 years we signed the said Development Agreement, and no progress or efforts has been made by the Builder for obtaining said IOD, is there any law or section wherein we can terminate said agreement?
4.	 If yes then on what grounds?
5.	 We are getting offers from other builders who would like to have the redevelopment done by them, we have informed them about the present circumstances but still they don’t mind taking the place and tackling the Builder? Can we go forward with another builder in spite of the current builder being in the picture?
Appreciate your response at the earliest, I remain
Yours faithfully
Sandra Gilbert
Asked 4 years ago in Property Law from Mumbai, Maharashtra
if said clause is not part of final agreement then builder was not reuaired to obatin IOD in 90 days . 

it is necessary to peruse agreement signed by you with builder  to advice . you can terminate agreement on account of breach of contractual obligations under the contract . 

it should certianly not take 5 years to obtain IOD . as mentioned earlier it is necessary to go through agreement signed by you with builder to advice .
Ajay Sethi
Advocate, Mumbai
47766 Answers
2833 Consultations

5.0 on 5.0

1. If the clause of 90 days has been removed then builder is not required to obtain IOD within 90 days. 

2. You may cancel the agreement for breach of contract notwithstanding the omission of 90 days clause. 

3. Unless the agreement is perused threadbare it is not possible to render any advice.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

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