Hi sir i my self is manju stay in bangalore my mother had a property in her name thru partial parttiton deed the area is 2475 sft she had given the property for j d a for a builder in 2013,but due to health problem she got expried in 2013 december im the legal heirs, and the building construction built by the builder is not to good, and he has build a illegal floor in the top,and he has build a single 1 b h k in the parking area and the ratio is not satisfied, the ratio is for the builder is 2 b h k total 4 flats.land owner share is 2 b h k 2 flats in 1st floor and a 1 single b h k in the parking area what is the next step to be taken please advice me
Asked 2 years ago in Property Law from Bangalore, Karnataka
Whether the JDA was a registered document, before the jurisdictional sub-registrar, if so, take a copy of the same to an advocate nearby get the agreement read over properly for seeking a legal remedy against the builder. The terms and conditions of the JDA form the basis in determining the extent of damages or compensation you can claim from the developer.
Whether the JDA was favouring your mother or not cannot be questioned by you now, but whether the terms and conditions are fulfilled by the developer can definitely be questioned by you before the jurisdictional court (if arbitration clause is not provided in the JDA).
1) inform the builder that since top floor is illegal to either get it regularised by municipal corporation or to demolish. It
2) further to remove illegal construction on parking lot
3) if he fails to do so complain to municipal coporation
4) if builder has failed to honour terms of development agreement issue legal
Notice to builder
5) you can claim damages for defect in quality of construction
6) contact a local lawyer
The JDA should possess the complete detail of the land such as the size, floor area, materials used, property price, construction and completion schedule, payment plan and the profit ratio shared by the owner and builder. The agreement should include the creation milestone, expenses paid by each party such as the capital invested, man power expense etc. Is there any Arbitration clause? If found the same then initiate arbitration proceedings.
Hi, if the builder has construed illegal floor then you have to complain the same to the BBMP as the builder has not constructed the property as per sanction plan and license.
2. He after demise of your mother you being the legal heir ask your share in the apartment as per the terms of the JDA.
You have to go through the conditions of the JDA and the terms that have been agreed by our mother with the builder. If the same is not conforming, then you ma a file suit for specific reliefs or cancellation in the event of failure to meet the specific relief.
1. You can as the legal heir of your deceased mother, who had executed JDA with the builder, sue him for breach of contract. The builder is under an inescapable obligation to honour the promises he made in the agreement.
2. Before going to court you should issue a lawyer's notice to the builder.