Flat owners association
R.ganesan
(Querist) 28 February 2015
This query is : Resolved
I am having a flat in Chennai. it has 140 apartments. it is already 10 years old. but the flat promoter is till holding on to 20% of the common area. association has not made any worthwhile effort to get it transferred in their name. what are the possible consequences and how to resolve this issue legally.
Jayashree Hariharan
(Expert) 28 February 2015
You can file specific performance suit for handing over of property. But please check the papers before you do it, and see if the builder has said that he will keep it, anywhere, in any of the papers available with you.
Advocate Kappil Cchandna
(Expert) 28 February 2015
Dear,
I think you send a legal notice to the builder and then see how things change .... If not then only go for suit for specific performance ...
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 01 March 2015
Get the documents first checked about ownership.
Ask the society to send legal notice to builder for doing the needful.
R.K Nanda
(Expert) 01 March 2015
no more to add.
Akhil Dave
(Expert) 02 March 2015
provide more information.
For any relief, suit or consumer complaint can be initiated.
R.ganesan
(Querist) 02 March 2015
thanks for all the replies from the eminent members. But I have to move the association to take action. for some inexplicable reasons all the office bearers in the last few years have chosen to remain silent.
Akhil Dave
(Expert) 02 March 2015
Dear Mr. R. Ganesan,
Explore the easy and fast remedy under The Consumer Protection Act - Deficient in services & Unfair trade practice"
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
First of all the stand of the association in this regard has to be ascertained. A decision by the association in the general body meeting to resolve the issue is to be adopted by a resolution. You being a member, move a proposal and ask the like minded members to join hands and raise the issue, then upon the resolution adopted, the association can proceed with the steps for the proposed relief as a bod/organisation against the builder. Discuss the issue among the members and place the issue in the agenda in the next meeting.
R.ganesan
(Querist) 04 March 2015
Kindly educate me as to what is going to be the effect of this move by the flat developer. they say that flat promoter will see to that the property can be sold only to them as and when the property becomes old enough to demolish and rebuild or is there any other issues involved.
Akhil Dave
(Expert) 05 March 2015
Dear Mr. R. Ganesan,
Its very difficult to answer without going in to details facts, evidences and circumstances.
Its always advisable to consult local lawyer.
Best regards
