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Sarfaraz   12 October 2015

Builder asking for consent letter before possession letter

Hello Sir,

I have about bought the flat in TMC approved project in Mumbra(Thane). Out of 14 seven storey building the first 7 in which my flat belong is completed. Also, they have 4 tower inside the compound which is currently ongoing. The builder has received an OC for first 7 buildings. Now, building is asking for consent letter which states following points.

That I am fully satisfied with quality of work and I have checked that builder has fully followed plan. 

I have no object if builder wants to add more floors to building and make structral changes to building. 

Also, it states that flats owners gives them irrevocable consents to relocate club house and other recreational areas mention in approved plans

He is saying that he will not give possession letter to anyone unless flat owner sign the consent letter.

Please suggest. I need a lawyers.


Sarfaraz Ahmed



 7 Replies

Laksraja (Boss)     12 October 2015

Same happened in my case.At our small building ,builder afterwards transformed security staff room to a small flat and given "gift" to a relative of local ruling party leader .And after 5 year,that person is above the society .3 police complaint had lodged against him,from different flatowner.

saravanan s (legal advisor)     12 October 2015

unless and until you are fully satisfied about the points mentioned by the builder you neednot sign and he cant force you on the issue any further.

look into the terms stated by the builder regarding the time frame for handing over the posession and if you could findout any discrepancy you can take up the matter to the consumer forum

G.L.N. Prasad (Retired employee.)     12 October 2015

Appointing individual lawyer may be not economical and advisable.  Go with Majority opinion by forming a group of like minded persons.

Sarfaraz   16 October 2015

Can we form a society without possession letters.

As the builder in  agreement mentioned that for first one year he would be collecting maintenance and would be running the society. 

So, the question comes in can we form a society.


Sarfaraz Ahmed

G.L.N. Prasad (Retired employee.)     16 October 2015

It is usual practice, as members are many and do not know each other.

But a society can be formed even without taking occupation mentioning such period and bye laws may be laid down stating objective of such society to function till elected and regular society is formed after builder hands over maintenance.

You need an advocate to guide you further in the issue.

G.L.N. Prasad (Retired employee.)     16 October 2015

It may not be called as Society, you may term it as Committee or Association and even Registration may not be compulsory. 971794 (Advocate)     12 June 2016

This is unfair trade practices adopted by your builder, you can move to the consumer court.  Getting possession after all payments is your fundamental right and builder cannot impose unreasonable clauses before giving possession 

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