Westbengal apartment ownership act1972
anonymous
(Querist) 19 April 2012
This query is : Resolved
I am resident of a housing society supposed to be registred under westbengal Apartment ownership act 1972. We are facing lots of trouble with the present secretary . I have a couple of queiries.
1. Who is the legal owner to sale/move/remove/replace lifts after the association forms without the builder? ours is a reputed or I should say very much reputed builder of kolkata. We had no problem with them.
2.As the inside of the flat has been registrerd in our name or mutation done is it true that the outside property or common facilities should be transfered to the name of the association by the promoter by mutation? It is not done yet. So who is legal owner of lifts etc builder/association?
according to our act? Do the association have the right to sale a lift without the consent of promoter? If some of the residents sign that they are willing to sale is that become legal?
3. In case if there is gross misappropriation of funds who is the authority to investigate?
4. What is the rule to buy a high value lift from ours money? Through tender ?
It is hundred percent sure that no trasfer from promoter to association has not taken place. What is the current status of this type of association?
and there is no government nominee also.
Please help.
Raj Kumar Makkad
(Expert) 19 April 2012
1. society.
2. As on day builder but ultimately Association.
3. The authority who is complained with like registrar, police etc.
4. There is no such rule rather this is the satisfaction of the members of the society.
The association should be formed in the presence of the promoter and intimation to this regard is required to be made to registrar and accordingly entire properties/common areas with ownership should be handed over to the association.
Devajyoti Barman
(Expert) 19 April 2012
1. Society
2.Yes
3. Competent Authority not below the rank of the Deputy Magistrate having his office at the City Civil Court premises, K,S Roy Rd, Kolkata-1.
4. By passing majority resolution you can buy the same from any vendor.
You have to form the association on your own. Do not depend on the promoter, it will never happen then.
Shonee Kapoor
(Expert) 20 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 April 2012
agree with barman
