mukesh (agm) 29 September 2012

Harrasment by builder

I Have a property in Malad West since 2008, I had intent to sell to property in 2011 and the existing builder who is staying one floor above mine approached us to buy the property. He gave a nominal token ( 1 % of the property Value) in November 2011 and till date have paid any further amount. After several discussion and argument till date he hasnt paid any money and is asking for more time to pay.

Now in April 2012 the same builder has become the secretary of the society and is restraining me to have free right to sell my property in the market as per the fair market value.

Please advise: How should i tackle this issue, wherein the builder has personal interest in my property and not allowing to sell my property freely as well as not concluding the transaction.

I havent entered into any agreement nor MOU with the builder. i had just accepted the token and willing to refund the token but the builder wants my property at the price prevaling in 2011.

Please help.

Mukesh

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3 Replies

VINOD VERMA (C E O) 30 September 2012

yours is a free hold property as such you need not worry about the Builder. Legally he/shje cannot stop you from selling your property in open market at the prevailing rates. If you have accepted from anyone 1% as token money for the sale of your property it looks aburd as property sale deeds do never get made without the receipt of a minimum of 3-50% of the porperty value. Go for the anullment of the earlier deal wherein you just got 1% token money and start looking for a new buyer. Your Society secretary can not stop you from selling the property outside. If he still does lodge a complain with the Police for harassment. God will help you for certain.

mukesh (agm) 30 September 2012

Hi Mr.Verma,

Thanks for your prompt assistance. i would certainly lodge a police complaint as Builder who has now turned as secretary of the building is harrasing us while we show property to prospects.

is the any rule or bye law under Maharashtra co-op societies act, which prevents the builder to be the secretary/chairman/treasurere of the the building built by him.

I had read some where in the Society Bye Laws that if the committee member vested interest is there (directly or indirectly) he or she cannot participate in the discussion of the said matter.

Please opine.

Thanks N Best Regards.

Mukesh.

VINOD VERMA (C E O) 02 October 2012

Am not awareof the Society Bye Law neither of the rules under Maharashta co-operative Societies.But one thing am sure the share that you share you hold in the Society is undsiputablky your unless, you have any payment pending.

better seek help from a local lawyer dealing with this kind of problem