• Promotor seeking permission

The promoter has sold all his flats in the apartment. Now, he is seeking permission from flat owner's committee president - to give him permanent access in the building to go to the rooftop i.e.using common passage, lift rooftop etc. for inspection of the building and to carry out any repair work if required. There is no legal plan or sanction in this apartment for constructing beyond 4th floor.

Kindly let us know whether such permission could be given in the Committee's letter head in writing ? If yes, the draft format of the letter giving such permission to the Promoter.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

1. if the promoter has already conveyed his right title and interest in the land and building to the organisation of flat purchasers, then he ceases to have any right in the land and building, except the unsold flats

2. once the land and building are conveyed to the society, any repair work will come under the purview of the society and only the society can carry on such repair work

3. if society is not yet formed but there is an informal committee of flat purchasers and also if the land and building are also not conveyed to society and the management of the same is not handed to the society, then the builder has the right to access for repair work only and not for making any further construction or for installing any mobile tower or hoarding on the rooftop

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hello,

If there is no plan for this then he cannot construct another floor, however he could have access to the premises if he is gets the permission from the committee where each and every flat owner gives their consent. Otherwise he will be treated as a trespasser.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Cleint,

He is seeking such permission so that he can have terrace rights and make more profit from it by constructing pent house or something. Once all the flat sold, he has no right to even access to gate of society without permission or just to visit any owner.

AND if committee is willing to give him such permission and want loose right on terrace than this can be done by resolution passed by committee in general meeting on it`s letter head.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Association can grant permission to promoter to go to terrace for carrying out essential repair work

2) the letter given by association on its letter head should specify that permission is granted only for purpose of inspection and for carrying out essential repair work

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir if the builder is still maintaining society it is not handed over to committee of society for repairs and inspection permission can be given.

Ask builder to write a letter seeking permission from society in reply to same permission can be give. There is no draft format for such permission simple reply granting permission is enough.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Once all the flats in the building is sold then developer is ceased of all his rights over the management and maintenance of the property.

2. The developer though for the purpose of inspect can seek permission for having access to the roof top once once in a while but he can not be given any regular access to the roof top.

3. S there s no question of giving any permission to the developer by the Committee.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. The permission can be given on the letter head of the committee.

2. You just need to write that your request for permission has been received and it is being acceded to.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the apartment maintenance has been handed over to the association by the promoter and he is no more maintaining the apartment, then there is no necessity to permit him to enter inside the premises for this purpose.

Suppose he is still maintaining the building and premises, then he can give a request in writing which can be considered by keeping it before the management committee in a meeting and a decision can be taken by the committee in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. He is the promoter/builder and is nbot responsible for maintaing the buildingf after all the flats are sold and possession thereof have been handed over tyo the buyers.

2. The buildings consisting of the flats and the common passages are the properties owned by the fklat owners represented by their committe.

3. he has no business to enter in to the building now after the period of warranty (if any mentioned in the sale deeds) of the flats is over.

4. So, no permanent permission should be given to the promoter.

5. If he is engaged in maintaining the buildings, permission for a specific period for completing the specific job can be given to him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

disconnect water electricity connection after issuing notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

issue legal notice to defaulter to pay dues

2) if he fails to pay pass resolution in MC to take recovery proceedings against defaulter

3) sue the defaulter to recover outstanding maintenance dues with interest

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir a recovery suit can be filed against said member under the cooperative Society act for the recovery of the amount along the interest.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For recovering the maintenance dues, you need to file civil case only. But Before first issue a legal notice throughawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. A Resolution is to be taken in a special meeting conveyed to discuss the subject matter.

 

2. You can not stop proving them the basic facilities like water suppy, electricity etc. but can certainly claim the maintenance from them.

 

3. The Society can file a Money Suit praying for an order upon them for paying the maintenance amount with arears and interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer