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Conveyance of property by builder

(Querist) 07 October 2016 This query is : Resolved 
ONE BUILDING OF GROUND AND 18 FLOORS HAS BEEN CONSTRUCTED IN 1982 BY A BUILDER IN POSH AREA OF BOMBAY. HE HAVE TAKEN A BIG AMOUNT AS DEPOSIT AND ADVANCE FROM SOCIETY. HE HAVE NOT RETURNED THE SAID AMOUNT TILL DATE THOUGH HE OWNS A FLAT IN THE NAME OF HIS WIFE, HIMSELF AND HIS SON. HE HAVE ALSO NOT EXECUTED ANY CONVEYANCE OF THE PROPERTY IN THE NAME OF SOCIETY.
ANY ACTION CAN BE TAKEN AGAINST HIM FOR RECOVER THE ADVANCES TAKEN BY HIM.
WHETHER HE AND/OR HIS FAMILY MEMBER CAN STOOD OR APPLY FOR MANAGING COMMITTEE MEMBER.
ANY ACTION CAN BE TAKEN IN COURT FOR NOT EXECUTING CONVEYANCE OF PROPERTY IN THE NAME OF SOCIETY IF YES WHAT ACTION CAN BE TAKEN.
adv.bharat @ PUNE (Expert) 07 October 2016
Bubna ji It depend up on the T
OR for sale deed done.
Whether builder had taken money for society formation from society members?
MC member ship is open to all the members of society irrespective of no of flat in the building.
If builder had taken money for society formation then you can recover it from him.
If u appreciate my solution then will u give THANKS on my LCI profile?
Ms.Usha Kapoor (Expert) 08 October 2016
you can recover money from builder in a civil suit or consumer forum along with interest and damages. If you appreciate this reply please click the thank you button on my profile.Builder can become member of managing committee.
Rajendra K Goyal (Expert) 08 October 2016
Has society issued any notice to builder to recover?

The society is old enough, it seems due to limitation clause, recovery is difficult.

Maintenance charges can be recovered if in arrears from last three years.

If builder is not ready for conveyance deed in favor of the society, local lawyer should be engaged to get it done through legal process.
Kumar Doab (Expert) 08 October 2016
Show all docs on record to a very able counsel to handle the matter and apprehension of Bar by Limitation.
Rajendra K Goyal (Expert) 09 October 2016
Reply to certain questions is still pending, please reply.


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