Legal Question in Real Estate Law in India

Our society has started sending Sinking fund charges to all it's members in addition to the Maintainance Charges, However the society does not have conveyance deed yet transferred from builder, is it legally right for a society to charge sinking fund even correct as per the society bye laws without the conveyance deed.


Asked on 5/12/11, 9:56 pm

2 Answers from Attorneys
Manish Bhardwaj JanakRaj & Associates

Hello,

The first question here comes: Is it a condominium association? If yes, then you must be having its Memorandum of Association. Please refer to it and see the clauses. There must be some time span within which the Builder is legally bounded to hand over the conveyance deed to the owners.

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Answered on 5/12/11, 11:19 pm
Sanjay Kalra Sanjay Kalra & Associates

Yes

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Answered on 5/12/11, 11:21 pm


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