aprtment rstration under maharashtra aptmnt ownership act
AJIT KAWATKAR
(Querist) 06 June 2009
This query is : Resolved
there are 14 aptmnts. in a bldg.out of which 12purchased from developer on regrd.argmnt.for sale in 1992.the remainning 2 belongs to Landlady who got it in lieu of her open plot given to said developer on DEVELOPMENT AGRMNT.&irrivocable POA in 1990-91{both not regstrd}.also she dosnt have Agrmnt.of sale/sale deed{why nobody knows};but has POSSESSION LETTER. Every time we inquire about pendding regsrn.of apartmnt/s he is relactant &puts forward for"not having any sale deed by Landlady".we have told him that it is not our mistake but it is his+hers negligens for which others are suffering for last 14 yrs. SIR what are the legal option/s available to us under maha.aprtmnt ownership act/MOFA? kindly guide us.we are at Nashik;maharashtra.
Adv. Lalit K. Jhunjhunwala
(Expert) 08 June 2009
Dear Mr. Ajit,
First of all you need to serve the builder with a legal notice calling upon him to undertake the process of Apartment Formation. [He is duty bound to form the Apartment, within 4 months from the date 60% flat owners have taken up the flat, in your case since total no. of flats are 14, the day 9 flats were sold builder should have formed the apartment]. In case he does not form it after service of Notice also then in that case you can approach the Hon'ble Sub-Registrar of Co-Op Societies and move an application[with signature of at least 9 flat owners] before him seeking direction to builder to register Apartment.
The Process of Apartment formation will involve:
1. Deed of Deceleration to be executed by the Builder
2. Deed of Apartment to be executed by Builder with individual Flat Purchaser.
Note:- The Non-presence of any Sale deed with the lady land lord shall not effect the process of Apartment formation in any way what so ever.
Also:- You can also form Co-Op Society instead of Apartment which will be in better interest of flat purchasers.
Hope the same will solve your query, In case you need any further clarification feel free to revert back.
Regards.
