Builder not given Conveyence Deed

Arlene (Querist) 12 June 2010 This query is : Resolved
Dear Sir,

Our building was constructed in 2004 and society was formed in 2005. WE have obtained all documents from builder except the conveyance deed, which he refuses to hand over. Now after 5 years, he is constructing additional 3 floors. Not all flat owners have given their consent. This construction is causing a nuisance and disturbance to all on a daily basis. Builder claims that he has FSI and TDR in place, so all is Legal. Please let me know if we can take any action against him? Can we oppose this? Thank you.

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Guest (Expert) 12 June 2010
FILE A CIVIL SUIT FOR INJUNCTION AND GET STAY ON THE CONSTRUCTION FROM THE COURT.
YOU WILL SUCCEED.
THANKS.

Devajyoti Barman (Expert) 12 June 2010
If the construction is going on with a sanctioned plan and in compliance with the relevant regulations of the Municipality then the construction can not be stopped though the nuisance out of it can be mitigated.