Joint venture for flat promotion
5 years ago
I entered into a joint venture agreement with a flat promoter for my land in Chennai for flats construction. Out of 3 flats, the builder's share is 1 flat and I have transferred the UDS (undivided share of land) to the builder's buyer. However the builder has not yet made ready the building and it is 16 months more than the agreed date by which builder had promised to hand over my 2 flats. My question is, can I file a caveat or suit requesting the honourable court to cancel the UDS sale deed which was executed by me in favour of the builder's buyer? What other legal remedy is available to me in addition to seeking due performance of contract? Can I also file a criminal case against the builder under sec 420 for cheating as he has wrongly induced me to part with my property?
Deepak Yashwantrao Bade
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
Aditi Tuteja
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
You can implement both of your proposals. If you can manage the police a 420 IPC case can also be booked against him. In the meanwhile get issue a legal notice cancelling all the documents in favor of the builder and consequent of cancellation of the sale deeds then approach Civil court and take possession of entire project and hand over the same to some other builders. You may also claim damages.