• Development Agreement

How to cancel the Registered Development Agreement.

1. DGPA was registered in 2009. from three parties to the developer/Builder.

2. Two people is died in 2015 & 2020.

3. Till now developer not construct any thing and only maintaining the Possesion.

4. When we told him to cancel the DGPA he not willng to do so.

5. I want to sell my property but have issue of development agreement.
Asked 3 years ago in Property Law
Religion: Muslim

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9 Answers

You may first check whether amicably by issuing notice to terminate with a clear intent has to be done. Thereafter steps can be taken to invoke legal proceedings, as against the developer and oust him from the project.

 A.P.C.F &S.V. Act, Section 37(1)(a) 

which reads as under:-
(1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject matter of the suit, and such value shall be deemed to be: (a) if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was
executed

 

of the ...for cancellation of the Development Agreement-cum-General Power of Attorney, which is otherwise payable under Section 37 (1) (a) in respect of suit of cancellation of other document which purports or... ... defendant who had offered to develop the property.

 

You can issue a legal notice to the developer seeking return of the document if it is just a notarised communicating the termination of the contract owing to his delay to start the project despite more than two years from the date of agreement.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

you should check the terms and conditions of the Development Agreement. The Agreement must contain a clause which mentions the procedure for cancellation of the Agreement. It is important to read the Agreement carefully and understand the procedure for cancellation.

If the Agreement does not have any clause related to cancellation, or if the developer is not willing to cancel the Agreement, then you could approach the court and file a suit for cancellation of the Agreement. You will need to provide evidence to the court that the Agreement is not being fulfilled by the developer and that you have made an effort to get it cancelled. The court will then consider the facts of the case and decide whether to cancel the Agreement or not.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File suit to set aside development agreement on grounds that developer is not carrying out any construction for last 13 years 



seek injunction restraining developer from creating any third  party rights 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- As per law, a development agreement is basically a contract between the land owner and a developer, in which the land owner agrees to provide his land to a developer who will in turn develop the land with his own investment. 

- Further, no transfer of title takes place while entering into a development agreement ,and the possession of the property remains with the landowners. 

- Further, under the Article 115 of the Indian Limitation Act , the period of limitation for the breach of any contract is three years from the date when the contract is broken .

- Further , the limitation period will also run from the date of expirations of the development agreement or on the date as mentioned in the said agreement. 

- Since, the DGPA was registered in 2009 , then said agreement is already expired in the absence of non exection of the agreement by the developer due to not starting the construction. 

- Hence, you can send a legal notice to the said developer to vacate the land as the said agreement is already lapsed.

- If not vacate the land then file a Mandatory Injunction & Declaration suit before the court for declaring that DGPA invalid and to vacate the land . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File a civil suit for declaration of cancellation of agreement as builder has repudiated it. You will get declaration  of cancellation of agreement and direction to Sub-Registrar to cancel the agreement.

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

Kindly file civil suit case for cancellation of development agreement. According to agreement norms and limitation act.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

 

The process for canceling a Registered Development Agreement varies depending on the specific terms and conditions outlined in the agreement itself, as well as the laws and regulations governing real estate in your jurisdiction.

In general, one option may be to seek legal advice and potentially file a lawsuit against the developer to nullify the agreement. This may require proof that the developer has failed to meet their obligations under the agreement, such as not commencing construction within a specified time period, or failure to obtain necessary approvals or permits.

Another option may be to negotiate with the developer, potentially with the help of a mediator or other neutral third party, to reach a mutually agreeable resolution. This could involve agreeing to terminate the DGPA in exchange for compensation or other concessions.

It is recommended that you consult with a real estate attorney or another qualified professional who can assess your specific situation and provide guidance on the best course of action.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can cancel the same by executing registered cancellation deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

Canceling a Registered Development Agreement (RDA) can be a complex legal process, and it is recommended that you consult with a lawyer who specializes in real estate law in your jurisdiction to get advice on the specific steps you need to take. However, here are some general guidelines:

Review the terms of the RDA: Carefully review the terms of the RDA to understand the obligations of each party and the circumstances under which the agreement can be terminated. Look for any clauses related to termination or cancellation of the agreement.

Check the local laws: Check the local laws and regulations that apply to RDAs in your jurisdiction. There may be specific legal procedures that need to be followed for canceling an RDA.

Negotiate with the developer: If you want to cancel the RDA, try negotiating with the developer first. Explain your situation and the reasons why you want to cancel the agreement. The developer may be willing to cancel the agreement or renegotiate the terms.

Consider mediation or arbitration: If negotiations with the developer are unsuccessful, consider mediation or arbitration to resolve the dispute. A neutral third party can help you and the developer come to an agreement on canceling the RDA.

Seek legal advice: If negotiations, mediation, or arbitration are unsuccessful, seek legal advice from a lawyer who specializes in real estate law. They can guide you through the legal process of canceling the RDA and help you understand your rights and options.

In conclusion, canceling a Registered Development Agreement can be a complicated process. It is best to consult with a lawyer who specializes in real estate law to ensure that your legal rights are protected and that the process is carried out properly.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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