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sachin (GM)     14 December 2010

can i take possesion if builder is absconding

I had taken flat in construction linked scheme in a Apartment and got it financed by bank.  The builder is defaulter and harassing me and not giving possesion. Bank has given NOC for taking possesion of flat.  Can i take possesion on my own  if builder is absconding after taking 85 % payment. Bank is willing to make payment  if the builder raises demand after doing construction but  builder is not at all interested in giving possesion to owners whereas we are paying interest and emi to bank every month . I have no other option but to takeover. Can I pressurise police to help me in taking the possesion and will i get water and electricty connection if i take possesion in such a way. and  will the act to  take my property in my own custody be legal as agreement is in my name itself ? I am nowhere a defaulter but the builder is at fault and may collapse any time and is absconding as per police ( police is not taking any action) . Please help. sachin -  9810933322.



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 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 December 2010

immediately take the possession.

G.CHANDRAMOHAN (advocate)     15 December 2010

yes u can take possession before that make a compliant to the concern police station with your agreement copy (between you and contractor )if the contract limit comleated and also file a suit agaist the contractor
1 Like

Bharatkumar (ADVOCATE )     15 December 2010

Bulider has given any notice to u? Builder give any written cocument / letter / notice for that, so why u r worried u taka a possession of the flat OR file a suit for possession OR contect police station OR consumer court for that many way for take a possession.

sachin (GM)     16 December 2010

Fair enough.  Pls. suggest:

1)  If  i take the possesion in such  way how can i force them to provide me water and electricty connection?  Although all the existing connections are temporary without meter.

2) How  Can police help me in getting the possesion and temporary  electricty  / water connection.

3) If i take the possesion by force i am afraid that they may lodge a criminal case against me and I am not knowing what it may result.

Pls.  do provide your contact number so that i may get the help when needed.

Thanks,

Sachin

amit (founder)     16 December 2010

You get in touch with other flat owners and take desicions collectively. if you all stand up together then you can force the builder to take further actions. you alone wont be able to twist his arms. As you said he is defaulter and not ready to accept money from bank then there is somthing else cooking. Like purposely he is defaulting himself.

R.Ranganathan (Advocate)     10 March 2011

You can take possession if the builder is absconding. Nothing is there in law stating that you as a owner cannot take possession of your property. Only question that will be raised later is who has given possession to you. At that time you can very well say that since the concerned builder was absconding and not completing the work you have taken possession.

But all things said and done, you should make it a point to list out what are all the pending works in the building/Flat to be completed as on the date of taking possession with the help of either police or panchayatdars to avoid future complications or else you can approach the court for the said direction.

rajendra modi (accountant)     21 May 2011

Dear sir,

Buidler is not giving us share certificate since we are staying for 17 years but when ever we go he isnot giving us the certificates or other documents. As we have the possession letter and payment detail with us.

 

please recommend me how to forge the case against builder.

thanking you


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