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Suresh Narayan Srinivasan   20 October 2020

Can a builder take photography of an apartment

Dear Sir/Madam

My apartment builder, a very reputed on in Bangalore, is taking professional photography and video shoot of the completed towers, where residents are dwelling, without the consent of the resident welfare association.

 

I have the following questions, can you kindly clarify:

1. Does the builder have any right to take photography and video of the building after having given possession, without the consent of resident welfare association?

2. Now that the builder is going ahead with the photo and video shoot, are there any laws in Bangalore, India, that makes it obligatory on the part of builder to share the photographs and video with resident welfare association?

 

Thanks in advance for the response

 

Regards

 



Learning

 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 October 2020

1.  There is no legal restriction on this.  Check your Agreement clauses wherein the builder might have retained such time period rights which might have agreed by signing of such agreement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     20 October 2020

It is my personal opinion that once possession is given an occupancy certificate was delivered, entering into a dwelling house of a family amounts to 'trespass' and it is up to the resident not to permit the builder or photographer.  There is no guarantee of security of individual/properties, that even safety is also compromised if the plan of the building is shared.  The resident may politely object and not to permit entry to such persons.  However, residents are very proud of the maintenance and interiors and they themselves invite persons to look at their new house building and interiors.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     20 October 2020

I agree with Shri Prasad.

SHIRISH PAWAR, 7738990900 (Advocate)     20 October 2020

Hello,

 

1. Does the builder have any right to take photography and video of the building after having given possession, without the consent of resident welfare association?

There is no law to restrict him from taking photographs. But the builder cannot take photos from inside of the individual apartment. You can approach the police as photos may be misused in the future.

 

2. Now that the builder is going ahead with the photo and video shoot, are there any laws in Bangalore, India, that makes it obligatory on the part of the builder to share the photographs and video with the resident welfare association?  

Compelling to handover photos is not possible. However, society can demand the same and restrict him from taking photos. 

Dr J C Vashista (Advocate)     21 October 2020

Is there any dispute / problem / issue involved in this advertisement for consideration and obligation of legal experts on this platform, that I could not find ?

If so, it would be advisable to contact and consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding.


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