Registration of society flats in u.p.
chandrakant saxena
(Querist) 07 March 2014
This query is : Resolved
Around year 1995, approx. 900 flats complex was built for Senior Citizens in Greater Noida, UP. The land was obtained from the Authority on a highly discounted price. The lease agreement is signed between the Builder and the Authority. Very lucrative advertisements were given by the buyer and the buyers were provided with a detailed brochure certifying lot of facilities. Going through the brochure, everyone got interest and the flats sold like hot cakes within a few years.
Few years passed, there were no talk of registration of flats. Suddenly, residents came to know that though the flats were given possession of their flats, there were no facilities, even the given facilities like power back up were withdrawn and the total funds were transferred by the builder to his other bank accounts. Residents filed a court case. The Society registration was cancelled. Again the builder got the registration cleared. Many years passed, neither the Govt, nor the Authority is interested in getting the flats registered. Residents also came to know that the builder expired due to illness. A delegation of residents met Vice Chairman of the Authority, who turned them out, saying he does not identify them being not a party to the lease agreement, which was between the Authority and the Builder.
Commercially, sales purchase of these flats continues under power of attorney and other fictitious documents. All residents have the possession letter given on the letter head of the builder.
Can someone inform the legality of the residents? Is it not the duty of the Authority to register each and every flat of the Society, being in the area of the Authority, land given by the Authority and since the Builder has died. Is it possible that on any day the Authority can vacate the premises due to non-registration of the flats. Can anybody suggest a legal solution to this problem. The residents are mostly senior citizens, many original allotees have expired.
Is is advisable to file a PIL in any higher court.
Dr J C Vashista
(Expert) 08 March 2014
1. Try to rope-in maximum purchasers.
2. Issue 60 days legal notice to builder as well as lessor (Govt of UP/Chairman). 3. Collect all evidences, all informations concerning the allottment of land, contruction of flats, legal representatives of the deceased builder etc and proceed as advised by your counsel, engage a local lawyer.
.
vswaminathan
(Expert) 08 March 2014
A Voluntary Feedback (For Common Good)
As per expert advice, querist, with no option left, needs to consult and take help of a 'local lawyer';of course, after ensuring he at least is known and recognized for his competence, expertise, so on, most importantly of all, 'integrity'/reliability.
Querist says, -
".... sales purchase of these flats continues under power of attorney and other fictitious documents. All residents have the possession letter given on the letter head of the builder...."
Simply to provide a possibly useful hint, as one is obliged to recall, the last nail on the coffin of such till-then-for decades-ongoing irregularities and illegalities, came to be driven by the apex court in the land mark judgment, crying a halt once for all to the mentioned vexing and treacherous practice cryptically referred to as - "GPA sales".
May care and look up a host of info. on the topic available at a click on websites ; one is HERE (link): Supreme Court SA/GPA/WILL transactions not valid Only Registered ...
vswaminathan
(Expert) 08 March 2014
For text of the SC judgment, look website of 'Indiakanoon'
Paragraphs 17 and 18 may be read; also first approach, with counsel, may have to be to the local Registry , who should be expected to effectively assist and give proper guidance.
Rajendra K Goyal
(Expert) 08 March 2014
A court order with the joint efforts of the holders of the flats is way left. Get help of some senior lawyer and show him all the documents.
ajay sethi
(Expert) 08 March 2014
you ought to after legal notice to builder should have moved consumer forum for deficiency in service to direct builder to register flats in name of flat owners .
simultaneously you ought to have filed case of cheating criminal breach of trust against builder
now that builder is dead find out who are the legal heirs of the builders . the sale of flats under GPA must be by legal heirs .
once builder is dead GPA ceases to have any effect .
i dont know whether in UP you have system of deemed conveyance . in maharashtra if builder does not convey land in favour of society then society can approach Registrar office for deemed conveyance
contact a local lawyer .
R.K Nanda
(Expert) 08 March 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 08 March 2014
I go with the advise, opinion and suggestion made by Mr. Ajay Sethi on the subject. The author may check up with the authorities that if there exists the said facilities in his state.
T. Kalaiselvan, Advocate
(Expert) 08 March 2014
I go with the advise, opinion and suggestion made by Mr. Ajay Sethi on the subject. The author may check up with the authorities that if there exists the said facilities in his state.
