• Can builder ask for forceful Supplementary Agreement on possesion day

We were invited for possesion. On the day of possesion, builder asked us to sign on supplementary agreement which has many clauses that we didn't agree in "Agreement for Sale" e.g. Giving consent to his major changes in building layout. Changes in parking plan, entry-exit Gates, additional construction, etc. 

Builder is verbally threatening to stop possesion if we don't sign this supplementary affidavits and "consent for correction" form to regularise his earlier changes. 
Please guide.
Asked 3 days ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

Have the supplementary agreement vetted by a competent lawyer, first. If there are any clauses detrimental to your interests, ask for suitable amendments. If the builder refuses to accommodate your request, do not sign. Lodge a written complaint with the State RERA authority. Issue a legal notice and complain to the consumer forum as well.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

Refuse to sign the suplementary agreement 

 

if builder refuses to deliver possession file complaint against builder before RERA and seek orders to direct builder to deliver possession 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Builder cannot deviate from main agreement. He has to put the agreement holder in possession before the date stipulated without seeking any further agreement of amendments to main agreement. You can approach RERA Authority or District Consumer Commission against builder under new Consumer Protection Act, 2019. Proceeding in District Consumer Commission under new Act are very fast, District Consumer Commission have power to grant interim relief and order arrest of builder. Issue lawyer's notice  seeking compliance of agreement and after the file a complaint in District Consumer Commission. Order will be issued  by District Consumer Commission to builder to enforce the terms of agreement, you will be entitled to payment of rent during the proceeding, you will get compensation  for mental harassment, cost of complaint and lawyer’s fee.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

You can strongly object to the supplementary agreement which would be against your interests. 

If in case you are helpless to take possession then you may sign the same with objection and can file a suit subsequent to taking possession to declare the supplementary agreement as null and void since it was obtained by force or coercion.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

if the supplementary agreement does not modify the carpet area to be allotted to you and the amenities and services promised to you [basis which you agreed to purchase the flat] as agreed in the original agreement, then i dont think there would be any problem in signing the supplementary agreement

however the manner in which he has required you to sign the supplementary agreement is outright illegal and it is like holding someone to ransom or blackmailing 

however in order to avoid any controversy you can sign on the supp agreement if you are entitlements as originally agreed are not materially changed or modified in the supp agreement 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

No it's illegal. For supplementary agreement consent of majority in writing is needed 

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

  1. No agreement can be forceful, so is the case with the supplementary agreement. If you don't agree with it, don't give in to the threats. 
  2. You can and must lodge a police complaint against him for the threats of violence. 
  3. He isn't legally entitled to prevent possession. If he does so, you have to move the consumer court. 
  4. You obviously need legal assistance for 4. I extend my expert legal services to you. You have to visit my office for further consultation. 
  5. ९८२०८९७८८४ (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1431 Answers
5 Consultations

4.4 on 5.0

Dear client I am sorry to hear that but in this case you may go through the agreement and see whether it is harmful to you or not if in case it is not harmful you must sign the agreement or if it is harmful then you must consult a lawyer for the same

Anik Miu
Advocate, Bangalore
5320 Answers
57 Consultations

4.9 on 5.0

- If there is already sale agreement after mentioning the details of terms and conditions , then it cannot be rectified or changed without getting your consent 

- Hence, the builder cannot threaten you for stopping the possession , and if it done then you can take legal action against him .

- You can file a compliant against him before the Consumer forum for getting relief . 

Mohammed Shahzad
Advocate, Delhi
10266 Answers
123 Consultations

5.0 on 5.0

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