Formation of association

Querist : Anonymous (Querist) 23 January 2012 This query is : Resolved
AS THERE ARE SOME DIFFERENCES BETWEEN THE OWNERS OF FLATS IN OUR COMPLEX WE WERE NOT ABLE TO REGISTER AN ASSOCIATION.
IN OUR SALE DEED THERE IS A CLAUSE \" that the vendee shall be entitled to enjoy all common areas, facilities,amenities, and services provided in \'the apartment\' , along with other flat owners/occupants, and shall become a member of the apartment owners association and he shall abide by the rules and regulations of the said association\".
IF SOME OWNERS DO NOT SIGN UP FOR THE REGISTRATION OF ASSOCIATION , IN THE MEMORANDUM OF ASSOCIATION CITING THE ABOVE CLAUSE IN THE SALE DEED CAN WE PUT A CLAUSE \" that all the owners of the flat are deemed to be members of the association\".
IS THERE ANY POSSIBILITY AN ASSOCIATION BEING FORMED AS OWNERS AND TENANTS ASSOCIATION.

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Raj Kumar Makkad (Expert) 23 January 2012
No. The sale deed is a document executed between two parties viz. seller and buyer so they cannot bind any other party not to the party to the sale. Separate bye-laws govern the societies so those are required to be adhered to in the given circumstances instead of making provisions in the individual sale-deeds.

M/s. Y-not legal services (Expert) 23 January 2012
without mutual understanding between the flat owners., its not possible..

-tom-

Devajyoti Barman (Expert) 23 January 2012
Yes, that clause can be included in the sale deed but for that the the purchasers needs to give consent for that.

prabhakar singh (Expert) 24 January 2012
MUTUALLY IT COULD BE POSSIBLE.

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