1) agreement is not valid
2) common areas cannot be sold by builder
3) purchaser would not succeed
4) you should get justice but it would take time
Can Two Agreements Be Combined 1) Registered 2) Unregistered Supplemental to make a New Agreement
Learned Advocates This is third questions in the series. 1.The Sellers of a flat has a valid registered stamped Agreement To Sell with Developer in the June 2000. 2. The Sellers produced in Nov. 2020 albeit mysteriously an unregistered Supplemental Agreement signed with Developer in May 2003 selling them the Service Room ( it’s not shown on the app & sanctioned plan )and Two Open Car Parkings. We know that the sale mentions common areas which are unsaleable. Incidentally, the Sellers were the Chairman & Chief Promoters besides Being intimate with builder and now ex secretary who Issued NOCs incl to loaning banks of sellers & Purchasers. Surprisingly, NOCs were undated and later the date 19.11.20 however, dtd a day after the agreement was registered 18-11-20. All NOCs were issued Without the knowledge of MC or GB. The AGM took place a week after the sale agreement but neither secretary nor chairman disclosed to the members about the sale. Members came to know on 2.12.20 3. Sellers and purchasers in the said Sale Agreement combined both Agreements and thus created and registered and stamped one Agree stating sale of Flat , one car parking PLUS Service Room and Two Open Parkings from the unregistered Supplemental Agreemnt 4. The society GBM 13.12.20, revoked all NOCs and refused Membership as the agreement includes common areas and Service Room on ground floor which isn’t in the FSI/ Sanctioned Plan. This service room was hurriedly carved out of a stilt parking by builder as he was duty bound to provide society office. 5, society has issued several notices to purchasers copy To Dy registrar 5. The purchasers hv on 14.4,21 appealed Dy Reg. under Sec 23 to order membership, 6. Is such an agreement valid? 7. Can’t it be declared defective as it has been bettered by adding Unsaleable common areas ? 8. Is the Dy Registrar justified and within power to accept The appeal of purchasers knowing the agreement contains common areas and a non existent room? 9. Shouldn’t the Dy Reg have done due diligence before Issuing notices ( 3 within 3 weeks ;-) ? 10. The purchasers had in the meantime started major Renovation wef 4.1.21 without taking any permission, & Plans from the society. The society has written several letters to Dy Registrar, BMC,police, but renovation hasn’t not stopped in spite of legal notice. 11. What are the redressal options as Dy Reg isn’t on Soc. Side which is apparent from lightening speed he’s Issuing notices to society. 12. Can the purchaser succeed in claiming the flat, plus open Parkings plus service room? 13. Please note we are a society of mainly read seniors. 14. Seller & purchaser using contacts & threats . 15. Is there any hope for justice ?
Asked 4 years ago in Property Law
Religion: Hindu
5 Answers
1. Can the society seek immediate injunction as purchasers use intimidation, to void the agreement ? 2. Society also sent legal notice on 10.12.20 to IGR Pune, Police, sellers, purchasers, loaning banks about revoking NOCs. 3. Can the purchaser who isn’t accepted as member start such major renovations insisting he is a member? 4. Why couldn’t registrar reject the appeal which is in contravention to bye laws and MCS Act 1960, as well India Registration Act, INDIAN Contract Act, INDIAN Stamp Act as Supplemental Agreement supposedly signed in 2003 wasn’t registered when the sale agreement was registered on [deleted] ?
Asked 4 years ago
Purchaser cannot start renovation work
2) issue stop work notice
3) seek court orders restraining buyer from carrying on construction
Dear Sir/Ma'am,
1. such an agreement cannot be held valid
2. the builder cannot sell the common areas alone.
3. the litigation process can be expensive and will take more time than you expect, but rest assured you will be getting Justice.
4, you can send legal notice and file for an injunction order seeking a stay in the renovation works.
5. such renovation works cannot be taking place.
Thank You
- For further assistance, you can book a consultation with me.
6. On the face of it the agreement seems to have been made by fraudulent means or false information hence it can be challenged and get it cancelled by filing a suit for cancellation.
7. There are more such defects in the agreement which can be traced by a skilled lawyer, you can refer the same to a lawyer.
8. Dy. Registrar can accept any petition filed before it either by the disputing party or the contesting party, the decision will be taken only on merits after analysing the documentary evidences submitted by both the sides.
9. Without hearing both the sides, the Dy. Registrar cannot decide on the matter arbitrarily.
10. Instead of writing several letters, the society should have adopted the legal procedures i.e., by first issuing a legal notice to the dy. Registrar to direct the purchaser from constructing or alienating the property, if the registrar is not coopertin or not taking any action on the legal notice then the society should have approached the cooperative court with a suit for mandatory injunction restraining the purchasers from constructing the any structure and an application on the same liones seeking temporary injunction as an interim relief till disposal of the suit.
The police has nothing to do with the civil matter.
You have the relief with the cooperative court alone and not ever n with the Dy. registrar because he has limited powers on such issues.
11. Approaching the cooperative court would be the next option before you in this situation, consult your lawyer and proceed accordingly.
12. It depends on how strong you prosecute your case to get him evicted from the said objectionable property or revoking his registered sale deed in respect of the purchase of common areas that belong to society.
13. A registered society is a legal entity.
14. Why do you care for their threats or pressure tactics, you were advised to approach court for remedies as per law.
15. Don't lose your hopes, engage the services of a prudent and skilled lawyer who will help you out of this crisis.
1. Yes you can get an interim injunction based on the strong arguments you may present before court.
2. What was the result of sending legal notices to various authorities?
3. Major renovations cannot be permitted to even an old member without the permission of the society and the local civic body.
4. The registrar is also a legal forum, he cannot act at the whims and fancies of any party.
He has to observe the legal procedures to dispose any complaint filed before him.
Therefore what you feel is right may not be legally tenable, hence he has he legal procedures, therefore he cannot reject the appeals filed before him without hearing or giving an opportunity to both the warring parties.