we had entered into a re development agreement 13 yrs before . the developer did not do anything on it and we send a termination notice . now we have another developer who is ready to take up the project. since it's not mutually terminated he wants court order of cancellation of agreement. he knows the agreement is barred by limitation . our lawyer says we can appeal to the sub registrar and he has quasi judicial powers to anul the agreement. going for declaration suit under special relief will be a lengthy costly process . also she says you can invoke the arbitration clause if sub registrar doesn't rule in your favour.
my question is does sub registrar pass orders like this and is it within his power to adjudicate issue Summons to the other party etc.
she says arbitration clause can be invoked since it concerns immovable property and law of limitation is 12 yrs.
A.Dear Client,
since the agreement is made before 13 years the developer will have no merits in this case. sub registrar may not have powers to annul the agreement. you can file a civil case and also a criminal case against him if he denies to cancel or terminate the agreement.
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Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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development agreement entered 11 yrs before
EWS Certificate
