1. Well,forming of society or handing over the management of society would purely be guided by the terms of the agreement.

2.it appears that sale deed of the respective flats have already been made.if not,then you have option of recovering it at the time of execution and registration of the sale deed.

3.It is not clear as to under what heads the arrears are falling due. If it is towards the value of the flat then you can claim it as advised above.

4. if it is towards maintenance charge then filing of civil suit is an option.

5. However delay in handing over the society is not advisable as the flat owners will be open to file case in the consumer forum for your deficiency of service.

1) issue legal notice to defaulters to pay the dues

2) if they fail to pay the dues give list of defaulters ti society

3) request society not to hand the share certificates to defaulters till dues are paid

4) file civil suit to recover your dues

You can file summary suit to recover dues with interest

2) you would get interim reliefs within one year and if defendant does not contest you would get exparte decree

Hi , it is advisable to issue a legal demand notice to each member individually , rather then putting up a circulation .. After common circulation if some of the members pay and others default then there will be no perticular cause of action with regard to a specific member defaulting in dues ..kindly also share developer agreement that was executed for a better understanding

If the flat/apartment construction is completed then you may demand the balance payment to the extent of 95% from the owners before handing over possession and the completion certificate or OC.

The 5% will always be held by the buyers till the time the OC is not given by the builder, however there is no prescribed law on it.

I m thinking to put a circular informing that kindly clear your dues n then take handover of your society.someone sggstd to file civilsuit in names of defaulters but that WD be expensive n even cumbersome.pls suggest.

You can very well send circulars to all the purchasers in this regard and demand payment before taking possession of the flats and may also invoke penalty clause for the delayed payment,

You will get prompt response from the buyers once you invoke penalty clause for the balance payment.

1. You can certainly withhold handing over of the flats to its prospective owners till your dues are paid in full or as per the terms mentioned in the agreements signed by you and them.

2. The payments should be made and the flats will be delivered strictly as per the terms mentioned in the said agreements.

1. You can write to them to pay the balance amount and take possession of their flats as per the terms mentioned in the agreement within a specified period otherwise the agreement will be liable to be cancelled or interest at a specified rate will be charged on the dues.

2. Do not mention about taking charge of the Society formed by you which will be handed over to them as soon as they take possession of the flats after paying off their dues.

If, execution of Sale Deed till date not taking place , then you have option to recover the dues from the members conditionally by simply issuing notices to them for paying the same.

If, execution of sale deed done , then you should approach the court for the recovery of dues amount as per the agreement with the members with the society.

Yes- you can delay the handing over the flat to those members due to the dues against them till the time of final payment by them . But you must issue notices to them for the reason of delay as per law . So, that even , if members approach the court against the society , in that eventuality you can response the same the reasons for delay on behalf of the society. By this way court will itself direct to the members for clear the dues before possession of the said flat.

It, is not advisable to put a circulation. Better you must issue legal notices individually separately to each members ,who has not cleared their dues after narrating a clear cut warning for penalty , rejection , etc , if they not clear the dues within the period of 15 days.

1. The delivery of possession can surely be withheld by you if your dues are not paid. The terms of the agreement are sacrosanct and binding on both parties.

2. Serve a lawyer's notice to them to demand the payment and state that the possession will be delivered only when the contractual obligations are honoured in letter and spirit.

3. If the dues remain unpaid even after the lawyer's notice then you may cancel the agreement and forfeit the advance in accordance with the agreement.

1. IT could be illegal to avoid giving possession to the legitimate buyers AFTER the society is registered. HOWEVER serve a legal notice to pay their outstanding dues and then take possession.

Keep Smiling .... Hemant Agarwal

Dear Client,

There`s no need to file CIVIL suit, useless expanses. Issue circular for payment of due amount to members, failure to which agreement will stand cancel and paid amount will be forfeited.

Rest can be advise of perusal of Builder buyer agreement.

if the possession has been offered by you then you can not withhold the handing over of the society to the members. that would be illegal per se as per the law

regards

hand over the society and it has been rightly advised that you file a civil suit for recovery of money.

Before filing the same you can send a legal notice to all the defaulters.

Regards