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Aggrieved soul   05 October 2016

Builder claiming that no money paid to him after 6 years

Hello Sirs/Madam,

We have a flat (we are original tenant) which we got around 7 years back and who's agreement was duly registered by the builder after 2 years of the deal. The builder's men once came to our house asking for the tenancy documents and took the original claiming that we will not be requiring them anymore and my mother accidently gave up the photocopies too however the builder later on claimed that as agreement is already registered we do not need to worry. The builder was not maintaining the building and did not form society for several years so the flat owners came together to form the society (many stopped paying maintenance including us). Now the builder is claiming that we have not paid a single penny and that we have usurped the flat. The builder took money from us for society registration and advance maintenance so we have that as a proof as to how he accepted that money when we never paid a single penny. My question is if builder is entitled to cancel a tenant agreement that too after 5-6 years? Does law of limitation apply in such cases? This is plain harassment being done by the builder as he is asking us to withdraw signature for society formation.


 5 Replies

adv.bharat @ PUNE (Lawyer)     05 October 2016

Aggrived sole builder is not entitled to cancelled your tenancy agreement after 72 month since law of limitation isapplied in your case.

If builder is not cooperating for society formation then also society can be formed under the head of deemed conveyance.

If u appreciate my answer then will you give THANKS on my LCI profile.

1 Like

Aggrieved soul   05 October 2016

Thanks a lot Sir, wish you all the success :)

G.L.N. Prasad (Retired employee.)     06 October 2016

These are mere threats by builder.  You can immediately obtain certified copy of registration from Sub-Registrar first by search ( If the number of Registration and yearis atleast availalble from any other source it becomes easy) and then filing applicaiton.

Atleast on this count you need not worry.   When you are having possession and registration, cross the bridge when it comes.

Do not panic on mere threats, as you are with a collective force and not alone in a society.  These are cheap old tactics to disrupt the unit, isolate persons and prevail on issues by mighty men.  Now days are changed, collective force has it's weight.

1 Like

Aggrieved soul   06 October 2016

Thanks a lot for the replies. Comforting to read. It has been very frustrating past 2 years as the building is not getting much water, society isn't formed, parking has been illegaly sold to few flat owners. We are a majority and the builder follows the same modus operandi wherever he develops buildings, doesn't makes society and harasses flat owners. 3-4 years back someone tried to initiate society formation but builder threatened him and few flat owners who later on withdrew the signatures. Now my father is leading the process so he is targeting us claiming that we have usurped the flat using political influence and threats but on phone and via his few friends asks us to stop this society formation. 

He has sent us a legal notice via his advocate now so we are soon going to engage a lawyer. Thank you again.

Kumar Doab (FIN)     06 October 2016

Your able counsel shall handle the matter.

Obtain certified copy, as advised.

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