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Patrick Monis
in Contracts Law Civil Law Civil Procedure Law Property Law
Asked November 19, 2017

Possibility of modifying the Development Agreement

  • 4 Answers
  • 768 Views

Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is already presented for registration at the registrar's office with my sellers name. He is being invited to sign the same document which is already been sign and executed by others. The current stage of the document is admission pending since 7 clients are yet to sign and execute the DA at the registrar's office. My seller is not signing it since he has sold the flat to me. Now my name does not feature in the DA which has the sellers name and has been presented for registration at the registrar's office. I want to know whether the builder can incorporate my name in the DA? Or even if the seller signs the DA, can the Permeant alternate accomodation agreement be signed by me. Since the developer has already paid the Stampduty, will there be any additional impact. Will there be any impact on the title. I am seeking guidance on what to do in the current scenario step wise.

Answers 4

You inform the builder about the fact you have purchased the flat and request him to insert your name in the DA. since the stamp duty is already paid but since document has not been executed you can claim refund of stamp duty and pay stamp duty in your name. since it is alternate accomodation agrement therefore stamp duty will be nominal. please secure your right.

Agree Comment 0 Agrees over 3 years ago

Since you have already purchased the flat so ask for your replacement as owner. You can appear and can sign the agreement after going through and understanding the terms and contents of agreement.

Agree Comment 0 Agrees over 3 years ago

Yes in consent of both the parties

Agree Comment 0 Agrees over 3 years ago

You can call upon the builder to including the DA. You can claim such right by way of issuing legal notice since you have purchased property. More guidance on submission of copies of documents. 

My initial mobile/personal consultation  fee is Rs.2,000/- Drafting of Legal Notice fee Rs.5,000/- Drafting of any petition to be filed anywhere in India in any Court will be Rs.10,000/- Drafting of written arguments fee Rs.10,000/-. Online Services will be rendered on submission of documents by courier or scanned through e-mail For Local Bengaluru cases, for every appearance Rs.2,000/-. If interested contact me at the following address:

 

Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross,

Opp: Beauty Parlour,

Malleswaram,

Bengaluru-560003

Mob: 9686971935

Land Ph: 080-23461189

E-Mail: kalaskarnetra@gmail.com

Agree Comment 0 Agrees over 3 years ago

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