Builder having 14 building land and out of it he has constructed 10 buildings., and every building is separate SOCIETY formation. 1. SOCIETY HANDOVER ISSUE Builder has done society formation, and trying to handover us. Society formed 4 months back. We had 2 general meetings with building for completing pending works still those work is in progress. due to which we are not taking Society handover. In the Building there are 28 flats and 14 flats are builder investors flats. Builder has committed to pay maintenance every month from his pocket for 14 flats. But we can't trust him. Some incident has been happens in past which was committed but not completed. Please Sir, advice us what should we do. 2. Car Parking - After taking society handover does those car parking comes under society which are not sold or given to other society/building. 3. Conveyance DEED - Builder has register complete land in single land registration, and he said after completion of project he will provide CONVEYANCE DEED. - Can we get any other guarantee if builder is not able to provide CONVEYANCE DEED or any thing else.
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If builder dose not pay MC for those flats, cut the electricity and water supply. Flats must be vacate at present.
Car parking comes under common area, property of society.
What is the need of CD, once sale deed of flat purchase is registered, flat owner owns 1/28th portion of land.
Thanks for response. As I said 14 flats are Investors flats. so those are are vacate at present. This create a problem to maintain society for monthly expenses, when we take society in our hand.
1. See if builder fail to pay maintenance you can recover same from the builder by way of suit though a deposit can be taken from builder to safeguard .
2. The car parking alloted to particular building shall only come to society.
3. Seek copy of registered conveyance deed and you can take a indemnity bond affidavit from builder.
Investor flat if not registered belong to builder and he has to pay.maintenance for same.
1. Society Handover (conditional) has to be taken over, more so since the Society is already registered and proper compliance's (Balance Sheet filing, elections, meetings ....) would mandatorily have to be conducted. No point in waiting for pending work, since this might take years and builder would keep managing the society affairs at his whims & fancies.
2. Each Society would have control of Parking spaces, as sanctioned in the Municipal plans, in its own layout plan. Builder will not have any jurisdiction on parking, AFTER date of Society registration.
3. Conveyance Deed for multiple Societies in a common layout plan CANNOT be executed in individual society names. A Housing Society Federation would have to be formed and Conveyance for the entire layout plan of land would be in name of Federation, wherein all the individual Societies would be members of federation.
Keep Smiling .... Hemant Agarwal
VISIT:
1. Fr every act of breach on the part of the developer on the issues which he is stipulated to act can be made good loss by filing a case before the consumer forum. So your job is to put his commitment into writing so in the event of his default you can case as advised above.
2. The area under management of society is covered only to that extent which is mentioned in the deed of registration of society.
3. Again in his default you can remedy your grievance through the consumer forum. SO there is not much to worry about.
Builder is bound to pay maintenance for unsold flats
2) builder can allot car parking slots but not sell the slots . Society can reliant car parking slots
3) builder is bound to execute conveyance deed in favour of society
It should not create problems in maintenance
builder is bound to maintain unsold flats
Keeping adding the due MC, and rise demand after a month if not paid, whoever buyer will come will bear. Non occupancy charges will levy on vacate flat.
2. Yes
3. He has to provide conveyance as it's a mandatory law.
You can still execute a return undertaking or agreement for the same.
All those issues you are concerned about are due to lack of confidence in the builder may be due to his past performance and som bitter experience.
however you should understand be aware that you always have remedy to drag the builder to consumer form or RERA for deficiency of service or for incomplete works done or for the deceits that were committed by him.
The car parking space along with other common areas shall come under the society's management once the builder has handed over the building to the society.
You said that the builder is ready to pay the maintenance amount from his pocket, hence what is the problem about it?
If he is not paying the maintenance for the vacant flats, you can demand the same from him by sending a notice to him in writing and not through email.
builders are legally bound to follow as per flat owners rule & system re payment/maintenance etc.
it’s totally depends on society to accept or reject the allotment..
even if flats are vacant investor have to pay normal maintenance charges.
If builder is ready to pay maintenance of vacant flats then you can takeover the society work on promise that pending work should be completed in fixed time frame.
Car parking which comes under your building and alloted by builder will be cancelled after formation of society and after taking over the business you can do re allotment of car parking.
You can take indemnity Bond from builder.
