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26/04/2024

Judgement: In disposing the appeal filed by the plaintiff Hon'ble High Court decided that respondent no 3 the developer can only sale his share after completion of the construction.
But defendant no 1 land owner will not be able to sale or allianate his property until disposal of suit filed by the plaintiff for partion and specific performance.
Developer agreed to reduce his share to 60% from 65% in written statement which was filed in trial court also stated that he has no objection in inclusion of plaintiff in such joint development agreement.
High Court also granting the ratio of share proposed by developer in his written statement.

25/04/2024

Party Who Is The Owner Of The Land But Not Taken Into Joint Development Agreement By Co-Sharer Later Can Also Object On Entitlement Of Share Between Land Owner And Developer: Karnataka High Court
Facts and Arguments: Defendant no 1 in the instant case along with Defendant no 3, developer engaged into an joint development agreement.
but later plaintiff file a case in trial court objecting that he is also one of the several owner of the property which was not taken into consideration by the parties on that agreement.
Defendant no 1 also disputed petitioner's claim as a co-sharer of this property as son of deceased owner of the disputed property.
Trial court not change the ratio of Entitlement after finishing of construction of the appartment between the plaintiff and defendant.
Aggrieved by such order plaintiff has filled the instant case.
plaintiff and defendant both files different appeal against the trial Court order, j Goutham is another Co-Sharer who don't have any legal heir.

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