1) the development agreement between builder and landowner must be mentioning the flats allotted to landowner
2) landowner would be owners of said flats
3) they can vote in AGM for flats retained and unsold
Rights of Promoter Builder
I live in an apartment in chennai with about 170 flats, where the builder had about 25 pending flats. now, he has decided to let out 15 and hold 10 for sale over a period. now, that the registration of the apartment is due, the builder wants to vote in the AGM both for the flats retained by him as well as for the flats un sold. the question here is 1. without registration, just by mere land owners originally do they becomer owner of the flats as well 2. can they vote in the AGM for both the flats that they have retained and unsold 3. is there any case law that we may refer to of any courts 4. is a promoter builder deemed member of associatoin without registering the house in his name
Asked 8 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
if there are unsold apartments, the builder/promoter is allowed to represent those unsold apartments and hence he can vote in the AGM.
when building is erected on the land then builder cannot claim ownership merely on the ground that he was a land owner. he is now a seller instead of owner. he cannot vote in AGM in the capacity of flat owner.
a person can be a land owner, promotor or builder. he can hold more than one capacity on the basis of nature of act. when building erected then nature of land changes and land owner cannot claim as flat owner because capacity of flat owner can only be acquired after purchasing of flat. hence he cannot deemed member of society unless and until he hold capacity of flat owner.
is there any specific case law in this topic, which can be referrerd either high court of supreme court
Asked 8 years ago
Read provisions of ownership of flats act , cooperatives societies act , apartment ownership act of your state
1. The landowners are the owners of the flats they have received as their share as per the JV agreement between the builder and the landowners.
2. The flat owners, if members of the society can participate in the association's general body meeting.
3. What is your case that you want to have a reference of case law, specify.
4. The promoter or a builder is not a owner of the flat, he will be having a power of attorney deed on his name to sell the flats to the prospective purchasers.
is there any specific case law in this topic, which can be referrerd either high court of supreme court
What is your case, kindly specify so that you can make a search for the case law accordingly.