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BRIJRAJSINH   08 December 2015

Taking over society maintanance and common area from builder

hello,

i have purchsed flat in ahmedabad recently, it is ready possesion flat and i have bought from builder.

builder has started giving possesion 2 to 3 years back,it is come to my notice now that builder is not giving handover of society to member while society is already registered in 2012.

builder is not properly maintaining the flat and he is also collecting maintainance charges from member.,and he has given some flats on rent and generating income from that.

i have few queries as below pls reply.

1.we are 20 to 25 members residing in flat can we take charge of society and what is the process for that.

2.can he use coommon areas like basement parking for giving on rent?

3.in sale deed he has mentioned that terrace will be in ownership of builder can he do so?

 

Pls advice

 



 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     08 December 2015

Hi,

If the society has been registered, we have to see who is the governing body of the society (Chairman, Secretary, Treasuror).. if it is the builders name mentioned.. have an objection to it.. pass a resolution and get the governing body elected or selected by the maximum number of members.

The common areas of the society can not be sold or let on lease by the builder or any other member of the society.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

 

BRIJRAJSINH   10 December 2015

thanks for your reply.

Pls advice what steps we can take.

society is registered that is mentioned in sale deed but we have not got any documentory proof like share certificate,audited accounts etc.

so how can we confirm the same and ask him to provide such documents right now he is only maintaining the flat maintainance


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