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Apartment or society

(Querist) 02 September 2012 This query is : Resolved 
(1) I have office in commercial bldg since 1984,builder has done Apartment did for 5 owners in1998, since then he has not done anymore. Now we are 42 members & wish to form  SOCITY, Builder is totally unco- operative, is it possible to form socity witout builders help?
(2)I have purchased one more office & in possession of same since 2006, I want to sell same,Builder is not giving NOC & society is not formed, Bank is asking for either ones NOC,Pl. suggest way out.
Thank you
Dr. Rajendra
ajay sethi (Expert) 02 September 2012
application has to be made by members to DY Registrar for formation of asociety . even without builder coperation society can be formed .

a notice should be issued to the builder. A copy of such notice has also to be sent to the Dy.Registrar / Asstt. Registrar of the concerned ward with a request to call upon the builder to explain his stand on the above and matter. The minimum number of members required to form a Co-operative Society is ten. However societies can be formed with less than ten members after obtaining the permission from the Competent Authority.
Dr burute rajendra (Querist) 02 September 2012
Apartment did for 5 members is done in 1998,can it be cancelled, or isit hurdle in forming society
ajay sethi (Expert) 02 September 2012
if deed of Apartment has already been executed by builder then other members in whose favour no such action has been taken should move the consumer forum aginst the buildder for deficency in service . obatin orders from consumer forum to direct the builder to execute deed of apartment in favour of others too .


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