• Duplex houses query

We have bought Duplex house in Anand Gujarat.
It is society of 16 houses named as “Sajanad16" by builder.My Questions

1) Builder has not registered society to Municipality. He says we have to pay money to register society.Is it true?
2) Scenario is like from 3 or 4 houses Builder has not got his payment but we have paid him full down payment as suggested by SBI bank and Bank paid rest, because of this 3 or 4 houses he is not registering society.
Drawback that I came to know is that not registering society will not give us benefits that municipality gives (gutter line, free street lights etc.)

3) Since three years property tax is not paid. We just moved to this house 4 months ago .I am aware of that there are penalties applied, but we aren’t able to do anything to clear until society get registered.

Can I as individual house take legal actions against Builder? Because it seems we are pissed of between Builder and other houses of society.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) file complaint before consumer forum against builder and seek orders to direct builder to form cooperative society

2) you have to pay charges for formation of society as per your agreement

3) if 3 flat owners have not paid money to builder then builder can charge penal interest to the the flat purchasers

4) payment of property tax has to be made by flat owners failing which municipal corporation would attach and sell the flat for recovery of arrears of property tax

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. For registration of society payment of fees is to be paid but the amount is not so big that the builder would refuse to do.

2. You may negotiate with the builder and may partially foot the bill now and adjust with the other owners later on.

3. Yes,you may consider filing a case beofre the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. A society can be formed by the residents of the flats and can get it registered with the registrar of societies and not with the Municipality. The builder shall handover the entire premises to the society, if need be he can assist the society to get it registered.

2. Registration of society has nothing to do with the amenities to be provided by the Municipality.You should have obtained OC from the builder to avail such civic amenities.

3. You can pay the property tax as per the existing rules in this regard, formation of society is not an essential criteria for paying house property tax.

You can issue a legal notice to the builder and drag him to consumer court too.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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