Registrar donot have power to cancel DAGPA in given circumstances and to decide rights of parties and dispute in question. Remedy could be suggested after examining all details.
Development Agreement and General Power of Attorney
Development Agreement and General Power of Attorney 1. Mother and Daughter did DAGPA to one developer for 400+400=800 Sqm of Land. 2. Registered DAGPA in 2006 without consideration Ratio 45:55(Owner) period 24 months. 3. Developer not taken even building permission till date. 4. Mother and Daughter Send a legal notice in 2010 for cancelling the DAGPA. After this no response from the developer. 5. A court gave order from the past x-case of 1998 for mother land 400 sqm plot awarded to X-person. 6. Daughter plot divided of 400 Sqm into 5 persons. Daughter is having the share only 80 Sqm. 7. As per the court degree from 800 land, total 720 Sqm goes to X-persons. My Questions is that… 1. Developer is Blackmailing for cancelling the DAGPA asking huge amount. 2. He also holding the site Possession. 3. X-person 400 land sold to some other person taking developer in witness. 4. Registrar is not willing to do registry of remaining land saying that bring the cancellation order from court to cancel the DAGPA or bring the developer into witness. 5. In this situation shall we go to court for Cancellation of DAGPA and asking for Perpetual injection of possession. After this can we go to police protection in High court. 6. My also concern if I go to court, it will take long time and even the though developer will drag the matter for long. Shall I fill a case on registrar to cancel his DAGPA.
Asked 2 years ago in Property Law
Religion: Muslim
6 Answers
1. If the developer has breached the conditions of agreement then he can be sued for the same, he cannot claim any compensation at this belated stage.
However what were your mother doing from 2010 after issuing a legal notice for the past 14 years without taking any further legal action on this.
2. You should have file a suit for ejectment and possession
3. it is not known who is this X person and how he has got rights over the said property.
If court has passed an order for 400 sqm to X person, then without an appeal agaisnt the order how can you restrict him from selling his share of property.
4. Registrar cannot cancel the registered document at this stage, he has no power to do that
By a court order only you can execute a cancellation deed to cancel the DA cum GPA.
5. You first of all escalate the matter through court and obtain an order and judgment in your favor after which you can think about police protection.
6. You have remained silent from the year 2006 or at least after 2010 for around 13 years, so the delay is already caused due to your own fault, so if you worry about the court case delay anymore you will not be able to get your property back at all. The builder will not show any interest in it because he has nothing to lose.
No need to bow down to pressure tactics
2) file suit for cancellation of development agreement as developer has not done any construction for 17 years
and to direct developer to deliver vacant possession of site
1. Since , the developer has not even taken building permission within the time period of the agreement , then the DA atomically cancelled , and hence the developer cannot claim any amount for his own fault
- Further , you can file a suit against the developer for claim compensation for the delay of construction after obtaining the necessary permission from the competent authority within a time frame , and for harassment caused due to him.
2. Since, the DAGPA already cancelled after sending the legal notice by mother and daughter , then the developer cannot stay in the site ,
- They can file suit for Mandatory Injunction before the court for evicting him from the site.
3. If X has taken that area by the order of the court , then being the owner of that portion he has his right to sell the same , however you can file an Appeal against the said order in favor of X.
4. Without a court order , the Registrar cannot cancel any registered deed. However he is bound to register the remaining portion of land , and the developer has not role for the same . You can submit the legal notice before him with the court order.
5. Yes , but a police cannot interfere in this matter without court direction.
6. If both parties enter into a cancellation deed after compromising in the matter , then only the Registrar can cancel the DAGPA.
You need to approach court for cancellation registrar may not cancel it
Dear Client,
You should not bow down to the developer's pressure tactics. Instead, you should file a suit for the cancellation of the development agreement. The developer has not done any construction for 17 years, which is a clear breach of the agreement. You are entitled to have the development agreement cancelled and the developer directed to deliver vacant possession of the site.
