Legal Question in Real Estate Law in India

formation of co op society

i am flat owner and our building has 20 flats and builder sold 10flat and rest he is not selling he kept on rent now we want to form society is it possible to form society with 10 member kindly advice us because builder is not ready to form a society where do we approach give us suggession


Asked on 12/03/08, 11:37 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: formation of co op society

If the builder is owner of 10 flats, he is entitled to hold the same in his own rights.

You may seek guidance from the local revenue authorities if the builder's holding falls within 'surplus' laws or not.

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Answered on 12/03/08, 2:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: formation of co op society

You can apply for formation of society. However, same may not lead you anywhere as title of land and building is still with the builder.

Proper recourse is to approach the court with appropriate suit and prosecution.

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Answered on 12/04/08, 12:11 am
Nasir Butt Nasir Law Associates

Re: formation of co op society

Co-operative society can be formed filing application of Registrar Co-operative Societies under Co-op laws. Builder cannot be compelled against his will.

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Answered on 12/05/08, 9:47 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: formation of co op society

Take help of lawyer and file appropriate steps for filing a suit and prosecution.

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Answered on 12/18/08, 4:52 am


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