Builder cheated us in 50-50 partnership deal
My father has given our 30years old property to Builder in 50-50 partnership deal.
initially we have received partially amount from the builder and after an year he handover one Flat to us.
As per 50-50 deal,He has built extra Sqt feet and made 3 flats and two flat should be handover to us.
We were not able to repay the initial amount which my father has borrowed from him initially.
He denied to give second flat for that which is our share (50 percent of the flat cost only was given to us initially) after selling the second flat which was our share he denied giving money, rest of the money saying it is the interest which he wanted and He did not pay for the extra square feet which he has built.
We are actually tensed because of loosing the property and money as well.
What we hold is one flat and the initial amount which he paid .
From our land he has sold all four flat and denying to pay amount which he earned through selling our share flat and for the extra square feet.
Can this be dealt legally.
Will we get our money back.
Asked in Property Law from Chennai, Tamil Nadu
This can very well be dealt legally.
The written agreement between the builder and your father will speak the legal terms.
If the agreement conditions have been breached or violated and your father has been denied his due share in the property, he may issue a legal notice demanding his share of consideration amount, failure to respond or comply with the demands made, you may approach civil court with a recovery suit based on the calculations of the property sold.
1. You have also not performed your part of the contract in as much as you did not pay the amount that your father had borrowed from him.
2. The contract has to be read as a whole to know the scope and nature of liabilities created by it. If the builder has flouted the contract then a suit for damages on account of breach of contract can be filed against him whereas a suit for cancellation of sale deed is required to be filed if he has sold your flat in breach of contract.
1) your father should contact a local lawyer and issue legal notice to builder to claim his share in second flat sold by builder and also for extra square feet constructed and sold by him
2) if builder fails to make payment your father shoukd file suit to claim his share in property
Hi, you have to file a suit against the Builder for recover of money and also for cancellation of the sale deed executed by the Builder to third parties of your share in the flat.
2. Builder has no right to sale the flat which is belonging to your share.
Thanks for the reply sent and it was very useful.
We do have mistake'Typo' in the agreement executed between builder and seller which is executed before 18 years 'the mistake is agreement says the house is in first floor and the actual property is in ground floor', and to make it legally correct the document need to be done.Can we correct the same agreement by getting counter sign from both in the document or should this mistake be mentioned in a separate stamp paper and getted corrected.please suggest.
Asked 8 months ago
deed of rectification has to be executed . it should be duly stamped and regd
mere counter sign from both parties in existing document would not serve the purpose . any such changes could have been made before document is regd . once registration is done rectifcation deed should be stamped and regd
Any correction or an amendment to a registered document shall be carried out by executing a registered rectification deed only and that too by the executor of the document.
So by executing a registered rectification deed, you can get the purpose solved.