URGENT - Correct method to form society
Facts:
1. While selling flats to buyers, our builder has put the CONDOMINIUM clause in the sale agreement.
2. After receiving Completion Certificate, builder registered the Deed of Declaration for Condominium with Sub-registrar;
3. However, none of the buyers have still signed the Deed of Apartment;
4. General Body Meeting has been called by the builder on 25 Sep 2016 in morning asking for nominating a provisional working committee which will take handover of accounts, bank accounts etc;
5. None of the residents want CONDOMINIUM and already we have submitted INCAPACITY to attend GBM or cooperate if Society Formation is not main agenda in GBM;
6. The above letters have not been replied to by Builder, however, builder has put additional agenda points as ON REQUEST OF CORE COMMITTEE, resolution will be passed for society formation. But builder has retained the Main Agenda as appointing committee for Condominium affairs and handing over;
7. Additionally, builder has agreed to give No Objection Certificate for Society formation;
OPINIONS TAKEN:
Legal opinion 1: The Advocate says that we should see Society formation related forms ready and get it signed on GBM date. After that, he can get society formed for us within a month. As only Deed of declaration is registered and non deed of apartment signed yet, it won't be an issue for society formation.
Legal opinion 2: Another advocate has mentioned that the first step is that builder should revoke the Deed of Declaration and confirm. As Deed is registered, we are already a part of condominium and without revocation, we cannot directly go for society. If still society forms are submitted to Co-op Society registrar office without revoking Deed of Declaration of Condominium, our process/application will be null & void. If builder refuses to revoke, the other option is through Court of Law.
We are at a very critical juncture and need a specialist who can give us a clear picture of which of the above opinions hold good and correct as per law for us to form a hassle-free co-operative society. Please respond urgently.
Asked 7 years ago in Property Law
Religion: Hindu
Dear Adv Kalaiselvan....if builder refused to cancel deed of declaration, what is the recourse?
Asked 7 years ago