Our building has been registered by builder as apartment and registered deed of declaration. 24 out of 90 offices registered only. Builder has refused to register the remaining offices for apartment deed. Q1: Is there provision of cancellation of deed of declaration on our own and register this as society. Q2: Can owners in any case get apartment deed registered without builders involvement-remaining experienced lawyer from pune may contact me.
1. Yes the condominium can be dissolved and a society can be constituted.
2. Yes that can be done unilaterally by making an application for grant of deemed conveyance with the competent authority. In your case, each apartment owner will get conveyance of an undivided share in the land.
Answer to Q1: No there is no way to cancel the deed of declaration on your own. The builder is required to register all the offices. Only when the OC and CC have been received then only can the possession letter be issued. After that the builder can form a society;
Answer to Q2: No the owners have to get the deed registered with the builder. If the builders are ready to come forward then you can issue a legal notice to them.
Hello,
You may note that the apartment deed in any manner can not be registered without the involvement of the builder. if the builder is entering into such unethical practices then file a case against the builder before the consumer forum.
Regards
1. The remaining owners can file a case before the consume forum to get their property registered.
2. Without the presence of the builder the deed can not be registered. However of the consume forum directs the builder to register it then in absence of the builder also through the machinery of the office of the consumer forum it can be registered.
deed of declaration has to be cancelled then only society formed
2) request builder to cancel deed of declaration
3) society formation would be illegal as association of apartment has already been formed
4) if builder refuses to revoke deed of declaration take legal proceedings against builder as amjority of members want society to be formed
Hi,
The registration/cancellation can be done after proper application and representation of all facts to the concerned registrar.
Builder has no right to refuse registration if he has accepted the consideration. In this scenario you should file a complaint before the rera authority if this project is registered under the rera act. If project is not registered under the rera act then you should prefer an complaint before the consumer forum for direction to registere the flat as well as compensation for loss incurred by the procedure. According to section 53a of the Transfer of Property Act the builder is bound to register the property because you have performed your part.
1. You cannot cancel the registration arbitrarily, the builder has to cooperate.
What is ther terms and conditions say in this regard?
You cannot demand or insist on the builder for a term which beyond the agreed T&C.
2. The builder, who is the GPA holder on behalf of the land owner has to execute the registered sale deed in favor of the buyer
Even after Registration you can convert it into Co-operative society. You can approach the court and compel the builder to do the needful as per the Provisions of law.
