We land owners(agriculturists) have entered into Joint Development Agreement and General Power of Attorney in 2015 with a builder by name M/s Peninsula, Bangalore for villa development, 30- 60 ration sharing, for 2 acres of land along with other land owners, 30% is ours. Now developer has completed approval parts and obtained temporary BMRD approval and laying roads and other works which are almost over and ready for construction of villas. In GPA/JDA it is mentioned that after necessary approvals sharing/selection of plots/villas b/w parties will be mutual, it is also mentioned that if not possible aggrieved party can select their portion themselves including land owners or approach court. It is not possible for land owners since construction of not over. Further it is also mentioned in the GPA/JDA that builder can sell his portion of villas. Now developer not offering opportunities to select our portion, instead he has offered one option which Is not acceptable to us. We also came to know that developer has been booked few plots/villas to his customers without sharing our portion. Questions are: Now how go about this? Is it possible for developer to sell his portion without bifurcation of our share through sharing agreement. Can we stop work by proceeding legally. How to obtain our portion of share to be selected by us/mutual. Cab we issue legal notice. If we selection out portion as per GPA/GDA will he give trouble while construction of villa. Since Katha is in our name can we register our portion to ourselves. etc
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Terminate development agreement and POA with builder as builder forcing you to accept one portion which is not acceptable to you
2) seek injunction restraining builder from selling any villa
3) litigation is long drawn and expensive proposition
4) builder would enter into compromise with land owners
See you can issue legal notice to builder that you shall cancel the power of attorney and agreement as builder is breaching terms of same. Bungalows of equal value as per plan should he distributed if he ready then he should come forward within 15 day of notice or if fails you can approach the court.
He can sell his share but he can't stay work without your permission. You can approach court
Sir, Is it possible to terminate JDA/GPA? Should we issue legal notice? If he replies something to our notice, we have to approach courts, will it help us. Our concern is if we approach court can we get injunction or not.
Yes it can be terminated by sending legal notice and if he approaches court then court will decide the same
Issue legal notice to terminate JDA and POA
2) you can approach courts and seek stay order restraining builder from selling villas
Yes as.per terms of agreement it can be terminated.
Yes you should issue legal notice
Yes it will help if.you are.suffering losses due to there unequal sharing. Yes.you may get stay om construction or.you may seel stay on sale transfer pending litigation.
1. The arrogant builders/developers with a good financial background or political influence may put pressure on the land owners to accept their dictates.
You have a copy of the agreement with you hence yo can take legal steps to enforce the agreement by filing a suit for specific reliefs as mentioned in the registered agreement.
2. You can seek an injunction also in this regard restraining the builder from proceeding in this matter or construction till the dispute is settled or disposal of the suit.
3.The khata is only for the landed property and not for the constructed property hence khata is not a title document to enable you to register your share in it especially without the same being identified.
For legal solutions you may have to approach court only.
Whether yo will get a favorable decision or a solution will depend on the strong arguments you may present before court and based on the supporting documentary evidences you have produced before court.
Hence discuss at length with a local advocate and proceed with the proposed suit.
Developer makes false promises and do not comply with their statutory obligation. You can file a suit for injunction against builder and get restrain order from court .
You can terminate the development agreement and revoke the power of attorney. Contact local property lawyer and issue a legal notice .
Hello,
Yes terminate the GPA and file a case for specific performance in a civil court.
Regards
Dear Sir,
It is better to terminate JDA/GPA after issuing Legal Notice and let him to go to the Court to exercise his rights.
1. No developer cannot sell ang villas without any formal partition of plots or villas between land owners and developers.
2. Yes you can file suit and pray for stay on development till dispute is not resolved.
3. You should send a legal Notice to developer for not selling plots without formal partition.
4. No after formal partition through settlement deed he cannot interfere in construction of your portion.
