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KHALID YOUSUF ( )     26 January 2011

CAN BUILDER BE THE PROPRIETOR OR OWNER OF THE BUILDING

Im living ina building without any adhoc committee formed or society, it has 30 flats to which builder holds 15 flats. Can he still have power to use his rights for any alterations of the building ? Now he is collecting 10000 from every flat owner for repairs of the building, painting, foundation is weak an repairing that too without structural audit report and operation of lift. Lift has not started since we had the occupancy of the flat and nor the builder has issued any OC to us. What legal steps or action can be taken for this kinda behaviour from builder towards us. Can he force to take payments from us for repairs of the building ????



Learning

 3 Replies

Shailendra prasad singh (Lawyer)     26 January 2011

if u already paid all consideration amount to him, he would not entitled to get any money in the name of repairing in said building give him a legal notice demanded therein to complete the structrual work within certain period and if he denied his liablity, file a case against builder in consumer forum as well as file a complaint case in  criminal court.

SACHIN AGARWAL (ADVOCATE)     10 February 2011

If the builder has sold the flates and has executed the sale deed in your favour, he cannot charge any amount towards repairs. You can deny to pay any such amount otherwise you can move to Consumer Forum and can also go for F.I.R. against the builder.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     11 February 2011

Mr. Khalid

1. You have specified the property where it is located.

2. You have specified whether you acquired the property from Landowner or Developer or jointly from both.

3. You have not expressed when you have acquired the property.

4. You have not expressed what sort of promises were made by him when you are acquiring such property.

5. You have not expressed why the Builder is still continuing in the said building after completion of his project.

6. You have not stated whether you and other residents of the apartment have registered any sort of society/Association with the Government.

After going through all these points, we can express our appropriate views for your querry.

 


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