Deed of apartment
ASHOK KUMAR
(Querist) 08 August 2011
This query is : Resolved
Our builder has not formed the society even though the building was completed and handed over more than 12Years.He has registered the deed of apartment to all members except a few. These few are the people who objected to his high handedness for all these years. In between he made the deed of apartment of mine and also requested me to take an online appointment with the registrar,but failed to turn up on that date. I have taken another date and on that date also failed to do come for the registration. In between he sent a RAD letter to me and a few others that we should comply with the Deed Of apartment registration, as otherwise he will not entertain our requests later. In April he called for a meeting to elect the office bearer's to hand over the controls of the building. During this meeting an adhoc committee was elected which he did not approve. Also because we asked him a numbers of issues which was not to his liking and also to spite a few of us, who have not got the Deed of Apartment registered, sent us a RAD letter saying that we have constructed and modified the flat which is against the agreement, and that he will not register our Apartment until and unless we remove the same. In my case I have put up a spiral ladder to access the terrace above my flat, which according to the agreement belongs to me. Though I am not using the terrace, the purpose is to facilitate maintenance of my flat as there is leakages from the ceiling,which the builder refused to get it done. In addition the main water supply Gate Valve to the building is on my terrace and there is no access to the terrace for closing the Gate Valve to carry out any plumbing work for the building. The Plumbers used to climb the walls and in the process break the Mangalore tile roof I have. One of the Plumbers almost lost his life when he accidentally fell over. It was for this reason I put up a stair case to help the fellow members.
My question is how I can get the Deed of Apartment Registered. Can I get permission from the corporation for fixing the ladder or perhaps regularize the same?
ajay sethi
(Expert) 08 August 2011
1) you cannot carry out any unauthorised alterations in your flat
2) it is in your interest to remove the spiral laddder get agreement registered with the builder .
3) after builder had handed over control you ought to have later with permission from local authorites constructed spiral ladder
4)if builder inspite of removal of spiral ladder fails to execute deed of apartment issue legal noitce
