Hi, there is a building (construction completed in 1992) in Maharashtra - Mr. A, owner of plot - received a Flat and a Shop against the Development Agreement. Mr. A received only a xerox copy of development agreement - no original papers and no handover document.
The building consists of 2 residential Flats, 6 Shops and 4 offices.
No Apartment, No Condominium, No Housing Society is formed till date.
Questions:-
1. Is it not illegal on the part of the builder to not enter into conveyance deed or not provide any other original papers?
2. Since total units - residential + commercial is more than 10 units - can housing society be formed now? Will conveyance deed be required in this case?
3. If society is not formed - What happens to the additional FSI of the building if the builder firm (which was a partnership) has been dissolved ? What happens to the right of common spaces - who is entitled to them.?
Thanking you in anticipation.
