Society formation by builder
Prasad Kumbhojkar
(Querist) 03 November 2016
This query is : Resolved
1. I purchased a flat in a multi buildings scheme of Builder in Pune in 2013, possession of which I got in the month August, 2014.
2. It is in a scheme of 16 buildings of which 12 building are complete & possession has been given to the buyers.
3. Remaining buildings are either yet to commence or half completed.
4. Initially builder had verbally mentioned that he is going to form single society.
5. However, now builder has officially proposed to form 12 different societies and later 4 more societies will be formed i. e. everey individual building will be independent society.
6. There are many facilities and amenities those are shared by all the buildings commonly e. g. Garden, Parking, Swimming pool, Internal Roads, Society Hall etc.
7. For the operation and maintenance of common amenities, builder has proposed formation of an apex body.
Now, My questions are:
1. Is the decision of the builder of forming the different societies is right and correct in law? Does he enjoy the absolute right to form a single or multiple societies at his will?
2. What are the pros & cons of forming a single society viz a viz multiple societies?
3. If majority of flat owners are for and of opinion 'Single Society should be formed', can Builder go against the will of Majority of Flat owners and still form multiple societies?
Please help me with expert advise. Thanks in advance.
adv.bharat @ PUNE
(Expert) 03 November 2016
1) yes he can do it.
2) It depend up on mutual understanding of members of society.
3) No he can't go against wish of members of society.
Will u appreciate this answer by giving THANKS on my LCI profile?
adv.bharat @ PUNE
(Expert) 03 November 2016
For more information u can give personal message to me.
Prasad Kumbhojkar
(Querist) 03 November 2016
Thanks for your opinion. Can we (Flat Buyers) Move to court against this decision of the builder?
Prasad Kumbhojkar
(Querist) 03 November 2016
Any different Opinion by any other Expert?
Rajendra K Goyal
(Expert) 03 November 2016
1. Builder can form different societies.
2. Academic query, Discuss with local lawyer.
3. Discuss with local lawyer in detain in view of state law.
P. Venu
(Expert) 04 November 2016
What is the real issue?
