Fotmation of apartment
s.vijay
(Querist) 13 August 2012
This query is : Resolved
Mr.Sethi replied some of my queries. Thank you very much. But some are unanswered.
I have bought a flat in Pune.The facts are as follows.
1)We are 7 members.
2)The builder so far could not form the apartment.we are staying in the building for last 10 years.
3)Now we understand the builder has dissolved his company and may not be any help to us.
4)The building was built by the builder by taking POA from the landlord
5)One of the member is the original land owner who got his flat in lieu of his land.
Now i have flg. queries.
1)If we wish to form an apartment How can we form a apartment now without any help from Builder?
Kind regards
S.Vijay
H.M.Patnaik
(Expert) 13 August 2012
With the limited info. given above , your query is answered as follows:
Assumptions:
1)The POA between the Landlord & the Builderwas for a limited period and limited purpose which have been already met.
2)Now, the seven members of the Apartment including the Landlord are in lawful possession of their respective shares in the impartible estate and yet to form themselves in to a Housing Society .
Keeping in view the above assumption, your query is answered as under :
a)Now , all seven members of the Apartment have to take requisite steps for formation of a Housing Society to look after the affairs of the Apartment as well as maintenance of the property at O/o. The Inspector General of Registration of the respective state.
b) In case the Builder has not handed over the title deeds covering their respective share in the property, suitable legal recourse can be taken by showing the copy of Agreement executed with the Builder as well as due compliance of clauses of the said agreement at appropriate court of jurisdiction.
Hemant Agarwal
(Expert) 15 August 2012
1. under the Maharashtra Cooperative Society's Act (MCS Act), the minimum members required to form a Housing Society, is atleast 10 members)
Keep Smiling .... Hemant Agarwal
