Joint development agreement
JDA was entered in 2016 for a sharing ratio of 45% (farmer) & 55% (developer) in 3 acres of agricultural land & Farmer’s family consists of mother, 1 daughter (I) & 1 son & given GPA for such development.
But in farmer’s family son is a drinker (we have hospital bills to prove that he is over drinker & no consciousness ) & myself & mother are illiterates & by taking advantage of the same, developer postponed development work till 2020 & in between given some small cash amounts & open cheques for us. As per agreement 18 lakhs given as security deposits in 2016 in which it can be adjusted after development for sites of our share or to be refunded to the developer.
But, through giving small amounts in between from 2016 to 2020, developer made 50 lakhs & for the delay to develop land, they convinced our family to enter into new JDA with ratio of 50% & 50% & taken our family to sub-registrar to register new JDA.
But there instead of registering new JDA, registered new GPA along with taking power to make sale of our half of the land into his name for the consideration of 50 lakhs (showed as 18 lakhs in cheque + 28 lakhs in cash) but he paid only around 30 lakhs & kept new JDA as unregistered even though it is signed by developers since as per such new JDA, its 50% sharing for both & no power for sale to outsiders in that JDA.
Now after conversion of land with DC approval, now ½ of the land RTC stands in his name & ½ in my mother name & for his portion he started to sell the sites without any civil work in the name of 11B khata (panchayat approval) to outsiders & only underground connections for water supply is done but no road, electricity, drainage etc., work is done including both of the share of land.
Now he is claiming that ½ of land is his share and no rights for us in it & ours is only remaining ½ portions in which for development of our portion of land we need to give 50% of sites for him but now we realised that he is just a broker and not a developer with any track record of history.
1. Without cancellation of 2016 JDA, can he enter into a new JDA & such unregistered JDA of 2020 is valid or we should stand on old JDA of 2016 for filing a case.
2. Instead of registering a new JDA, he cheated us & registered GPA & based on that he registered the sale of our land to his name & that GPA holds valid.
3. Now he also started to sell sites without any civil work to outsiders of his share of land which he registered illegally from us & whether such sale deeds are valid.
4. Challenging GPA of 2020 is enough or we should also make all such outsiders as necessary parties in our suit since they are 36 buyers in numbers at present which becomes very expensive to make them as parties
5. Can we file a separate cheating case against developer for the fraud they did for us.
6. We are ready to pay back his 30 lakhs amount of money and we need our land and what is the best remedy for this, please advise.
Asked 3 years ago in Property Law
Religion: Hindu