• Builder cheated us in 50-50 partnership deal

Hi,
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 6 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
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.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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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
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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 


Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0

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