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sureshkumar s (proprietor)     19 January 2011

sale of our property

Dear sir,

I am having a property (restaurant) with my family members as partners. we made an agreement for salewith

a party. we approached the builder for NOC. he was demanding a huge sum of Rs 500000 lakhs .We went

to registrar office ,we came to know that builder has already applied for the society registration and society

was already been registered. This was not informed to the members after a lapse of 3yrs .there was no managing commitee was not yet formed . no documents pertaining to the building and other accounts were not handed over and the property was stillanaging by the builder without informing the members that the soceity was formed long back with out the knowledge of the 80% members. kindly advice me what action we have to take.

thanking u

suresh kumar



Learning

 1 Replies

Partik Jani (Advocate )     19 January 2011

Atten Mr. Suresh Kumar

Kindl further provide that were in which state the matter is relate to. If the property is situated at Mahatrashtra than Maharashtra Ownership of Flats Act 1963 (MOFA) will be apalicable and under there are obligations of Promotors. As you informed that the 80% of members/  purchasers are not aware of the Society is being formed according to me it may not be possible as for registartion of societcy minimum 10 members are required as per Maharashtra Co-operative Society Act 1960. So please clarify If you are not from Maharashtra state that I reserve my right to comment after you provide information.


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