1 Answer
Dear Client,
Because your Memorandum of Understanding (MoU) with the layout developer was expressly conditional on the building plan being approved within one year of the date of the MoU, and it has now been three years with no plan approved or any visible progress, you can legitimately treat the MoU as having failed by its own terms and therefore null and void; Indian courts have held that conditions in such agreements, especially percentage‑time‑limits attached to consents, can be decisively binding and justify cancellation when the condition is not fulfilled. The promoter cannot fairly hold you and your sisters constrained forever on the basis of a plan that never materializes after such a long delay.
You should now formally notify the developer (by registered‑post and email) that the one‑year condition has lapsed, the MoU is therefore treated as void, and you are withdrawing all consent for any layout‑wide or gated‑community‑based building‑plan linked to your three contiguous plots, while reserving your right to file a suit for cancellation of the MoU if he tries to challenge this. At the same time, you should consult a Hyderabad‑based property‑law advocate to review the exact wording of the condition, and, if necessary, file a declaration/cancellation‑suit and separately apply for individual building‑permits for your plots from GHMC or the competent authority, so that your earlier difficult‑won approvals and your own construction plans are not indefinitely blocked by his stalled project.
I hope this helps and if you have any further issues do not hesitate to contact us.