Refuse to sign the agreement with new builder
2) ask for proof that earlier contract has been terminated
3) insist that agreement with new builder should give the same area as earlier builder
Property Shares and Development
My wife has shares in two adjacent property in Rahara, Khardah, West Bengal. In the first property their are 4 share holders. my wife, her sister, mom and aunt. In the second property there are three share holders my wife, her sister and mom. The first property belonged to my father in law and his brother and was inherited. The second property was gifted to my father in law by the sister who had no inheritance and was inherited.The combined area is 6124.5 sq feet. My sister in law(wife's sister) is in possession of both the deeds and is calling all the shots. We do not have access to the deeds and we have all the land details. My wife's sister negotiated with a builder and everyone went into a developement contract with him in 2019. The builder (a team of two) had signed the contract in their wife's name. The have not done nothing so far. When we wanted to complain about breach of contract in the land registry office my sister in law(wife's sister) would not let us do it. Instead she found another builder who is also a local ruling party leader. She also got my wife give her power of attroney saying she needs it to to cancel the agreement or sell the property or go into a new contract. There was also a clause in the POA that my sister in law can sell the property at market rate but she has to deposit my wife's share in my wife's bank account. According to my sister in law the original contract has been cancelled now but we do not know for certain. Now she is asking my wife to sign a new contract with the new person. The first builder agreed to 60%-40% ratio. The new one is offering 65%-35% ratio and my sister in law wants my wife to sign the contract again saying she cannot sign a POA on my wife's behalf. Strangely after my sister in law got asscociated with the new person she started saying that 2449.8 sq feet is missing and where the first builder after all calculation was giving my wife one 725 sqft carpet area flat and one 150 sqt garage, the new builder is only willing to give 700sq ft covered area with no garage. covered area means the actual carpet area could come down to 400sqt only. when we try to ask question my sister in law is getting agitated and angry and keeps saying we will have to accept it. I have afraid when my wife visits India, she will make my wife sign on a new agreement without being transparent and diclosing all the details. How do we know if my sister in law has not sold off or planning to sell off 2449.8 sq feet of land and keep all the money herself without sharing it with her sister and mother.? And also why strangely the second builder is offering so less.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Tell her not to sign. There is no way to know that. You can only know from registration office if the deed is registered. Otherwise petition in court needs to be filed for knowing it
I am forwarding link where you can obtain all information < https://www.bankbazaar.com/home-loan/banglarbhumi-west-bengal-land-record.html>. You deal with land directly without depending on your sister in law by executing GPA in favour your friend or relative from abroad. Though she is holding original titled deeds you can obtain certified copies from office of sub-registrar. You can even obtain originals from her by filing a suit seeking production of documents in Court by filing civil suit. If she claims that the documents are not in her possession, she cannot use the documents for any transaction in future. It is your property, you should protect it.
- You have to put your foot down.
- You have to involve yourself in negotiations.
- Tell your SIL that you will go for partition then she will go to backfoot. This step will solve all problems.
get the records checked from the registry's office to check whether any sale deed or agreement for sale or DA is registered by your sister in law
why the 2nd builder is offering less - is not something any lawyer can answer here. you will have to personally get in touch with that builder and negotiate with him so far as your wife's share in the property is concerned
1. It was not prudent on the part of your wife to execute the POA in favour of her sister authorising her to sell the said property when there is apparently a trust deficit on your sister in law.
2. Moreover, your wife should have been shown the cancellation agreement executed with the last developer or the letter from your sister in law cancelling the said agreement.
3. It appears that your sister in law has engaged a fresh developer in whose favour she wants to execute a POA for developing the land and also selling his share of the building.
4. Your wife is required to ensure that all the documents/agreements are sent to her in advance for her perusal and scrutiny by her or through her lawyer.
5. She should not sign any paper without verifying the facts mentioned therein.
6. It is high time she withdraws her POA executed in favour of her sister following legal procedure, to avoid any further problem.
If your wife is entitled to a share in the vacant property, then she may have to peruse the agreement related documents/papers and scrutinise them properly through an experienced lawyer.
If she finds anything adverse to her entitlement then she can very well refuse to sign the documents and can challenge the same in court of law by filing a suit for parition seeking her legitimate share in the property besides obtaining a stay order against the proposed development activity or alienation of property.
You have observed the injustice being meted out to your wife, then why don't you advise her to not sign the pact or the development agreement, you can ask your wife to not to agree for anything unless it is distributed fairly.
Without the permission or consent of your wife her sister cannot go through the process hence it requires your wife's determination to not fall prey to sentimental attacks of any coercive acts being thrust on her.
Dear Client,
As per the facts which have been provided, you are not liable to serve notice period of 90 days because the notice period mentioned in the appointment letter is 30 days.
Thank You.
