Way to build socienty by Developer
Ramesh Solanki
(Querist) 23 June 2010
This query is : Resolved
Hi,
I am from Kharghar, Navi Mumbai. One year back I have purchased 1BHK in gaonthan plot(12.5 Scheme). I have Occupancy Certifcate for the flat.
Main thing is that there is no tripartite agreement between Land owner, Builder and CIDCO. Due to this society is not set up yet.
At the time of purchasing the flat it was said that society work is in progress.
Now is there any way to make the socienty as all the flat owners are ready but Developer is not respoding propely. Earlier he told that Society work will start in Jan 2010, after that he postponed to June 2010.
Thanks
Adv.Aiyer VLV
(Expert) 23 June 2010
you mean you all have apartments and are living in it
and you are asking about forming an association of apartment owners
is this right?
what is CIDCO?
in tripartite, you buyers are not part of it?
kindly clarify
Ramesh Solanki
(Querist) 24 June 2010
Yes, we are living in that flat and asking owners and developer to form the society.
CIDCO is playing key role in formation of Navi Mumbai...it is "City and Industrial Development Corporation of Maharashtra".
Tripartite agreement must be between Developer, CIDCO and land owner. This should be prepared before development of the building.
Adv.Aiyer VLV
(Expert) 24 June 2010
Sir
CIDCO is an regulatory authority. persons owning the apartment have to be part of tripartite agreement.
1) your purchase of flat is it to be concluded by purchasing shares in society?
or
2) are we talking of society to maintain the building?
case 1. you are not owner yet as conveyancing is not over. you need to contact a lawyer and show what doc you have on hand and take his advice
case 2. any 7 person can form the association. go ahead with atleast majority of apartment owner and form society
i am still not clear of you not being part of an agreement. you, land owner and builder must be forming tripartite agreement. if this is not with you, no society share what is your title document.
i stongly suggest please check with your lawywer
hope i am clear and got your points right
regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 June 2010
Please check up with local advocate and co op dept. Formation of co op society is now mandatory under current laws in Maharashtra.
