Legal Question in Real Estate Law in India
A builder while canvassing for investors to buy flats in a residential complex gives added common facilities like children plat areas, lifts, fire fighting equipments, gymnasium etc. Whom so ever come to buy signs a construction contract with the builder and pays the construction costs. The builder while handing over the property takes acceptance certificate. Few investors after taking over the flat refuse to sign the acceptance certificate as they find still some common facilities are to be provided. However the builder hands over the complex to the association of owners on full occupation. The bye-laws of the association specifies that the
Member had to be an owner not a tenant. Now the question arises whether the few who had not signed the acceptance certificate with the builder can also become members of the association. Also there are cases filed by dis-satisfied owners against the builder.
2 Answers from Attorneys
you have to consult with a lawyer by sumitting him the article of association or you may contact with me.
Regardless of the acceptance certificate the individual who got the flat registered in his name becomes the owner of the flat and thus he is rightful to become a member of the society and no one can dispute it.
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I'm a"member-landlord" of Plot-owners co-op hsg socty, in Nashik... Asked 8/26/09, 3:24 pm in India Real Estate and Real Property
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