Community › Forums › Legal Advice India › Demolished House by Promoter
- This topic has 2 replies, 2 voices, and was last updated 1 year, 5 months ago by
Lakshmihero956.
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UUser_8a3166d0
PARTICIPANT
January 26, 2025 at 7:21 amMy father and his four brothers jointly owned a house in Kolkata. In 2021, we entered into an agreement with a promoter to redevelop the property into an apartment complex, with each brother receiving one flat. As part of the agreement, the promoter was supposed to provide rent for three of the brothers’ families to facilitate their relocation until the construction was completed.
The demolition of the house began in 2023, and the promoter provided rent payments until March 2024. However, after fully demolishing the house, the promoter stopped paying rent and has now halted all construction activities. Their justification is that government regulations do not permit the construction of a four-story building.
This situation has left our family in a difficult position, as two of my uncles have passed away, and the remaining brothers are over 70 years old.
Could you please suggest what legal or practical steps we can take to resolve this issue?
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LLakshmihero956
PARTICIPANT
January 26, 2025 at 9:54 amNot a lawyer. You should first read the redevelopment agreement and see if there is any clause about change in regulations post agreement signing. If the clause reconfirms what the builder is saying, you should then check if there was an actual change in regulation and what was the date for the same.If the regulation existed before the signing date, then you should proceed legally. If it did come into effect after the agreement signing, you should check what the agreement clause says and then decide what to do.ย
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UUser_8a3166d0
OP
January 28, 2025 at 7:00 pmI was actually looking for some help
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