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prasad hari chaudhari (vp)     07 May 2012


can society member file criminal complaint against buider for not executing conveyance deed?


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 May 2012

it is civil nature, you cannot file a criminal case.  Just file a complaint before the police builder may come for the compromise.

If he has cheated you then you can file a criminal complaint.

1 Like

Bhargava S.K. (Legal Practitioner & Vice Chairman HRIDAI)     09 May 2012

The deatiled facts are needed. For any criminal complaint Criminal Motive must be there. What wrong has been committed by the Builder? Has he cheated you?

1 Like

prasad hari chaudhari (vp)     09 May 2012

Our building was constructed in 1964 and society is formed in 1967. When constructed there were 13 flats and no garages. Agreement made by buider with the purchaser states that the property will be conveyed to the society on formation of the same but he put the condition stating that the remaining FSI & two garages will remain with him. In 1972, members requested to convey the proerty without the clause of maintaining FSI & garages. Members contended that remaining FSI will be property of society and not builder. Due to denial the case filed in court and high court gave ruling in favour builder saying he can keep FSI & garages and do conveyance. In 1980, the same FSI & garages were sold to son of a member and he forcibly constucted a flat utilising remaining FSI. His papers shows that he has purchased the FSI and has power of attorney to construct. The members objected but he forcibly started destroying the structure. As a result the society went into ligation and did compromise with the member's son. As per the compromise he would pay certain amount and one garage and in return he will become the member of the society. The said flat constructed in 1991.

Once again the members started procedure to get conveyance of the property in favour of society in 2009 as redevelopment is needed due to leakages. The building is now 48 years old. The case is filed in sessions court. The builder has given reply in court saying that the FSI is not sold to the member's son and he will file criminal case against the member's son.

Question : 1 Now what is the remedy to society to get conveyance?

                    2 If we go for deemed conveyance is it required to withdraw case?

                    3 New member ( member's son ) also not co-operating with the society. As per the agreement he accepted to help in getting the conveyance. But any document is demanded he is not giving and also asked any stamp duty is paid for the flats he owned and his parent that also he is not showing. However he is prompt in payment of society bills. How to take action against him? 


Originally posted by :Satish Kumar Bhargava
The deatiled facts are needed. For any criminal complaint Criminal Motive must be there. What wrong has been committed by the Builder? Has he cheated you?

sharath karkera (accounts)     25 July 2012

My Name is Sharath karkera,& our Builder Mr.Ashwin Vesovada (shree vinayak enterprises) is not giving convenyance since last 7 years,As our builder himself is a ADVOCATE.........our address is LAXMI RESIDENCY,WAGLE ESTATE,OPP-GOPALASHRAM HOTEL,CHECK NAKA,THANE (w)............PLS,GIVE US JUSTICE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,WHAT IS THE PROCEDURE,,,,,,,,,,,,,,,,,,,,,SHALL WE FILE A COMPLAINT AGAINST HIM.................ACCORDING TO LAW MAHARASHTRA OWNERSHIP FLATS ACT 1963 SECTION 13..........HE SHOULD BE PRISONED UPTO 3YEARS




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