advice needed urgently

Querist : Anonymous (Querist) 28 April 2010 This query is : Resolved
There was a company called Yescube Infrastructure Limited who had come up with a plan of construction in Dombivali, and in Nerul with the Down payment of some amount and the rest amount can be paid in EMI by Post Dated cheques. The plan was for 4 buildings i.e. A, B, C, and D. At the time of booking of flats D’s construction was going on. Now they have runaway with all the money and are absconding. Now all the flat buyers are came together and are thinking for the forming of society and to start the work of the building. The land is on the name of the owner of YIL. What are the legalities which will have to face by the flat buyers and what formalities and legalities need to be done by the buyers. Kindly guide on the same on urgently.

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adv. rajeev ( rajoo ) (Expert) 28 April 2010
Before forming a society whether YIL has obtained the permission from the concerned authority to construct the building it is to be looked into.
Society can be formed and before making construction better to consult local lawyer.

Raj Kumar Makkad (Expert) 28 April 2010
Formation of society is no problem but major question is how to go forward in your plan.

i suggest you to file a joint civil suit against the builder in civil court and bring all facts before it and seek declaration that the land belongs to you against the money deposited by all of you with builder and further that you all have every right to make constructions thereon as per site plan. If such declaration is finalized only then you should raise further construction meantime you may also seek stay order against builder so that he may not alienate any part, portion, material, property etc. in favour of any other person.

Parthasarathi Loganathan (Expert) 28 April 2010
I agree with the opinion of the experts

Sachin Bhatia (Expert) 28 April 2010
I also agree with the above experts.

Guest (Expert) 04 May 2010
YOU MAY FIRST APPLY TO THE CITY SURVEY OFFICE AND ALSO TO THE COLLECTORS OFFICE AND GET THE CERTIFIED COPIES OF ALL DOCUMENTS REGARDING OWNERSHIP RECORDS AND OTHER DOCUMENTS ON RECORD FILED BY THE BUILDER OF THE SAID PROPERTY.
YOU MAY THEN FILE A CIVIL SUIT TO THE CIVIL COURT AND MENTION ALL FACTS OF THE MATTER AND SEEK INJUNCTION AGAINST THE BUILDER FROM TRNSFERING OR MAKING ANY CHANGES IN THE OWNERSHIP OF SAID PROPERTY.
KINDLY ALSO INCLUDE OWNER OF THE PLOT AND ALSO SAID ABSCONDING BUILDERS AS PARTIES.
COURT WILL ISSUE NOTICE TO ALL CONCERNED,GET IT PUBLISHED IN THE NEWS PAPERS AND IN CASE NO ONE APPEARS ,STILL PAPER PUBLICATION IS SERVICE OF NOTICE AND SECURE ORDERS FROM THE COURT AS DESIRED.
KINDLY NOTE THAT THIS IS A CIVIL SUIT AND STAMPS AS COURT FEES WILL BE APPLICABLE AS PER PREVAILING RATES.
KINDLY ALSO FILE A CRIMINAL CASE IN CHIEF JUDICIAL MAGISTRATES COURT AGAINST THE ABSCONDING BUILDERS AND PRAY FOR RECOVERY OF AMOUNT AND ALSO BLANK SIGNED POST DATED CHEQUES ISSUED TO THE BUILDERS.
THIS WILL BE A DEFENCE AGAINST ANY CASE UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT FILED BY ABSCONDING BUILDERS MISUSING SAID CHEQUES PLEASE NOTE.
KINDLY WRITE OR CALL FOR HELP.
THANKS.
NANDKUMAR B SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE.
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

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