asha choubey 19 July 2023
After the handover of our society, the builder is still selling portions of land as well as parking area to people of his own choice. He says that they were common areas.
Q. 1. Can he legally do that?
Q. 2. Is it legally acceptable that the handover took place without demarcating the common areas?
Q. 3. Can the Resident Welfare association President give the selling rights to the builder without an AGM?
T. Kalaiselvan, Advocate (Advocate) 20 July 2023
Once the builder has conveyed the building and handed over the related property documents to the RWA, then the RWA becomes the absoute owner of all the common areas and not the builder.
Selling of parking space or any other common place by the builder is illegal, the association can take legal action and retrieve the sold properties.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 July 2023
Builder done is not legal. Without AGM also is illegal. The main objective of RWA in India is to work towards the common welfare of the residents.
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