Sale of residential flat
Chetan
(Querist) 20 March 2012
This query is : Resolved
I have been told by the society that I cannot sell my flat because the society and the builder who redeveloped part of the building had an agreement that my flat which is on the ground floor would be converted for parking and in return provide me with a new flat in the new building. None so happened and the builder is saying he has not used the FSI of my flat so he would not give me a new flat in the new building, The society says they had an agreement with the builder for the parking space. This has been going on for many months now and now i wish to sell my flat. Can I?
ajay sethi
(Expert) 20 March 2012
have you signed said agreement? was said agreement ratified by AGM ?
did you at any stage object to said agreement?
ajay sethi
(Expert) 20 March 2012
if builder has contravened provisions of agreement the society can take him to task .for breach of contract . move consumer forum for deficency in srvice .
if society refuses to give you consent complain to registrar .
Chetan
(Querist) 20 March 2012
It was objected by my late father in writing, but they still hold the agreement valid.
It is my flat now and I believe I should have the right to sell it whenever I want. I presume but they may not give me an appropriate NOC for the sale.
what is the way out?
Chetan
(Querist) 20 March 2012
The society is asking me to do the case against the builder.
Which i don't wish to.
ajay sethi
(Expert) 20 March 2012
the society has to file case against builder for deficency in service , compensation .
you cna also file as you are an aggrived party
Raj Kumar Makkad
(Expert) 20 March 2012
You should file a petition before the registrar against society for not issuing NOC to sale your flat as you are free to sale it as per your whims and wishes. If builder has violated any alleged agreement with the society, let the society go to the court. Your father had objected against such agreement so there is no need on your part to approach court.
