Redevelopment Agreement signed 24 years back
There is a prime plot in mumbai, which was a SRA chawl system, 24 years back a builder approached us and decided to give us 225 sq ft carpet area in total there are 1500 people. The agreement was signed after that we did not hear anything from the builder nor the committee member.
In the meantime the builder in the last 5 years started building the houses, demolished some houses of other society and for the demolished houses gave the transit accommodation.
After 5 years he constructed a building in the meantime the rule for 225 sq was scrapped by the government. For the people whom he made the transit accomodation refused to enter the new building demanding new area.
Now the builder wants our society to take possession of the new building. From the last 24 years there was no written communication with the builder and we society members. We were not in the transit accomodation. We continued to stay in our houses.
The earlier agreement which was signed by us, the society committee is refusing to give the original/ nor a copy, the agreement copy was taken by the committee member and did not give back till date. In such a situation after the agreement was made, what is the life of the agreement, can it run into infinity. Since the new rule has come to give bigger area, the builder is refusing.
We need a lawyer who can guide us for the same.
Asked in Property Law from Greater Mumbai, Maharashtra
an agreement expires by EFFLUX OF TIME, there is no legal sanctity of such an agreement. Either parties need to adhere to the terms and conditions of such an agreement.
Further more in your case, you can issue a legal notice to the society committee and seek for a copy of the agreement.
1) is cooperative society formed of the members ?
2) members of managing committee are bound to furnish inspection of the agreement signed with the builder .complain to do registrar office regarding society refusal to furnish copy of agreement
3) if the agreement is regd you can obtain copy from sub registrar office
4) if no development work has been carried on society can terminate agreement with the builder
In the absence of any stipulated period, the agreement will not be considered as valid beyond three years period from the date of its execution. The agreement copy is to be seen for giving a proper opinion to the query. If you do not have the agreement copy is anyone out of the 1500 members not having it?, it is ridiculous. If it was a registered agreement yo can get a copy of the agreement from the concerned registrar office. Try.
Kindly note further details, our society is registered, there are clusters of society for the 1500 people and builder is the same. 5 year back the builder demolised another society and next to the construction site built a transit accomodation. This is nearly after 19 years from the agreement. Within this period the builder did not have any interaction with us. Nor we were told that the building is for us. The building is yet to be completed and he has made only a part of the section. ie the building is not for the entire 1500 people. The people whose houses were demolised, they are now refusing to go inside the new building as it is dangerous low quality of building material is used. Now since they are not going, the builder is forcing our society members and others to take possession. Our chairman and secretary are not listening to us. They are even threatening some of the people. I have checked the SRA website our society name is featuring on it, BUT nothing is mentioned against LOI and date. Can we get a copy of the agreement from the SRA office in mumbai and how. And what to do further to cancel the agreement. We need the services of a lawyer too.
Asked 2 years ago
1) visit SRA office personally and make application for obtaining copy of agreement
2) even society is bound to furnish copy of agreement signed with builder . If society refuses to do so file RTI application withstand registrar of co operative societies in this regard
3) resolution has to be passed in AGM for termination of agreement with the builder on account of failure of builder to redevelop the property
The builder cannot unilaterally decide about allotting the building just because others have refused to accept it. In my opinion, the Chairman and the Secretary may be in hand and glove with the builder and showing gratification for the consideration received. If you suspect any such collusion between the builder and the office bearers of the society, gather all other members of the society and make a written representation to arrange for a special general body meeting of the society to discuss the issues and also to change the office bearers for their alleged involvement in the act against the interest of the members.
1. An agreement, unless cancelled or completes its life span, continues to remain in existence for all legal and practical reasons. The rights and liabilities which flow out of the agreement can be enforced after 100 years also even if it remained in a state of suspended animation from the date of execution till the date on which the legal claim is first made.
2. The agreement can be cancelled by the society if the builder did not complete the construction within the time frame mentioned in the agreement, or if he has used low quality material. If the society is not willing to cancel the agreement the members can in their individual capacity issue a lawyer's notice for cancellation to the builder.
3. Unless the agreement is perused in a threadbare manner it is not possible to decide the legal basis for its cancellation.
4. The certified copy of the agreement can be obtained from the SRA office if it has been registered.