Deed of declaration

Querist : Anonymous (Querist) 29 June 2019 This query is : Resolved
We are staying in a 10 yrs old apartment which has total 9 flats. Builder is absconding no society is formed, we r paying property tax we have individual completion cert from Municipal corp. Can we make a deed of declaration for our apartment without builder intervention. And do we need all members to be present or their signature required to create a deed of declaration? We can get everyone s index 2 but not all are present in pune hence anyone can do it on everyone's behalf?

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kavksatyanarayana (Expert) 30 June 2019
Dear querist, as the builder is absconding, you cannot enter any agreement without builder. to me, the declaration is not necessary. All the flat owners shall mutually agree to form an Apartment Welfare Association/society. Any family member of an owner can join as a member if owner is not available

Isaac Gabriel (Expert) 01 July 2019
Consult a lawyer first with the records on hand who will be able to guide u .

Dr J C Vashista (Expert) 01 July 2019
It would be better to consult and engage a local prudent lawyer with relevant documents for appreciation, analyses, guidance and proceeding .