Query regarding a sale of falat by the builder
ashok shetty
(Querist) 02 July 2012
This query is : Resolved
I am a resident of a registered co operative hsg society.
Though our soceity is registered recently, we are operating only through provisional committee consisting of Chairman, Secretary and a treasurer and 2 committe members.Before the formation of the society, builder had sold adjoining flats to a resident,though one of the flats was registered , the other was not.With the buildrs permission he also broke the dividing wall and was using the same as one flat. The resident all the while claimed to be owning both the flats, and accordingly was paying the maintainence for both. But after some time he rebuilt the separating wall and sold one of the flat which was registered. Since our society was new and we needed funds the builder agreed to forego his transfer charges of Rs 60000.00 and instead to give towards our newly formed society. Now the builder has sent a request through an estate agent alongwith a registered sale deed agreement between himself and a third new buyer for the second flat. MY QUESTION IS CAN THE BUILDER WITHOUT INTIMATING THE SOCIETY, SELL FLAT IN THE ABSENCE OF THE ORIGINAL FALT OWNER.What precaution and stand the society needs to take, and is it legal of the builder to do the same.
ajay sethi
(Expert) 03 July 2012
contact a local lawyer . need to see the papers . if flat sold by builder already then agreement has to be entered into beween the purchaser of flat who has been admitted as member and the buyer .
Rasik Dagli
(Expert) 03 July 2012
The important question is that whether Builder has handed over administration to the Society. If yes, the committee whether provisional or regulaer will not matter. The builder can not retain Transfer Fees and he must pay the same to Society. If necessary society may address a notice and claim the same . There after also not paid by builder, take Legal actions to recover the same.
RASIKDAGLI
Advocate
