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Nydv (Software Engineer)     25 January 2019

Query on making deed of declaration null & void ?

Hi experts,

I am from Pune, Maharastra.

Our builder has violated this section while submitting project to Apartment Act.

"Respondent Developer and the land
owner violates second proviso to Section 2 of the Apartment Act, as it specifies that the owner will grant lease of the land to apartment
owners and terms and conditions of such lease shall be disclosed in the declaration, which has not been done in the present case"

Can be this point Strong enough in court to declare Deed of Declaration void or NULL?

Reference judgement
       Bombay High Court
             Sarita Nagari Phase -2 Co-Op. ... vs The State Of Maharashtra on 1 March, 2018
            
Thanks in advance,
Naresh



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