Legal Question in Real Estate Law in India

Formation of apartment society

If a builder delibeately delays the formation of apartment society and keeps the responsibility of maintaining the apartments with vested interest, what the residents can do legally to form a society which will be recognised in the eyes of the law as legal & valid and then take over the maintenance responsibility from the builder?


Asked on 1/30/09, 2:01 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Formation of apartment society

There is either an apartment condominium or a co-operative housing society.

Condominium can be formed only by owner and developer. However, a co-operative housing society can be formed even by the holders of flats. Such society is perfectly legal and valid.

However, for getting control over the property, you need to approach the court or concerned authorities as per procedure.

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Answered on 2/07/09, 6:08 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Formation of apartment society

Hello.

Your possesion letter with the society of the developer needs to be reviewed.

Please contact personally alongwith the details.

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Answered on 1/30/09, 4:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Formation of apartment society

You may take appropriate steps in accordance with your agreement with the builder.

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Answered on 1/30/09, 12:31 pm


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