Correction in deed of declaration after 8years
Sunil
(Querist) 30 September 2013
This query is : Resolved
A Flat was purchased through builder as First party on Oct.2002.
Builder was not handing over the society to the members and threatening to cut water line and electricity line if anyone asked him any Q. regarding handing over the society.
In 2006 he registered a deed of declaration under Maharashtra apartment Ownership act 1970 and asked only his family members and friends to join it, Total 7 members joined it. Total Flats are 20 and 4 shops in the same building.
He called General meeting once a year and threatened every member whenever he meet any one, So, only two-three members and his family were running this society.
Members were forced to pay whatever the amount he asked for.
Now, he has written a letter to everyone to join the Apartment association or face the music, water cut electricity cut and court case.
In receipt of copy of DEED OF APARTMENT all flat owners came to know that recently, in this year 2013 he has made some correction in DEED OF DECLARATION. he has separated one wing from the rest of the society and planning to sell it to someone as commercial property. And use the open area as parking for the commercial parking of the separated wing.
NOW, MY Q. IS: can builder make any changes in DEED OF DECLARATION after almost 8 years without informing any member in the society.
Requesting you to help us / guide us what action can members take now ?
R.K Nanda
(Expert) 10 October 2013
NO, HE CANNOT DO IT BEING ILLEGAL.
