Apartment land paper with builder and in his name. How to acquire it.

828 votes

Sir,
Each apartment complex has its own Apartment for maintenance of the apartment and its amenities. But before formation of the Apartment Owners Association, it is the duty of the builder to maintain the apartment and its amenities. Most developers provide a corpus fund for the maintenance of the apartment and its amenities. The maintenance will be carried out by the builders till the formation of the Apartment Owners Association. After completion of the project and formation of the Apartment Owners Association, the builder needs to handover the leftover money, audited accounts of the maintenance fund and interest earned. Besides, the builder also has to handover the apartment and its amenities to the Apartment Owners Association.

Checklist for Handover from the builder : The Apartment Owners Association needs to get documents and audited accounts from the builder during the handover of the apartment. The following is a list of items that the builder has to handover to the Apartment Owners Association during the handover of the apartment and its amenities.

Proof of approved floor plans : Builder has to handover documents and proof of approved floor plans to Apartment Owners Association during handover of the apartment and its amenities.

Copy of Building plan and approval plan : All building plans need to be approved by the local authority. The builder has to handover a copy of the building plan and approval plan to the Association to prove that the apartment and all its amenities are constructed as per the plan approved by the concerned authority.

NOC from local authority: No objection Certificate or NOC is issued only to an apartment or building that does not object to the covenant of the certificate. Builder has to handover the NOC from the pollution board, electricity, water and fire department needed for the Apartment Owners Association.

Completion Certificate (CC): An apartment or building cannot be occupied without a Completion Certificate. Issuing of Completion Certificate will ensure that the owner has constructed the building as per an approved plan. The builder has to handover the Completion Certificate to the Association.

Transfer utility connection: It is the duty of the builder to transfer the utility connection to the Association during handover of the apartment and its amenities. In case the builder fails to transfer the utility connection, he has to give an NOC to the Apartment Owners Association for transferring utility connections such as electricity and water connection to the Association.

Handover of documents: Handover of documents such as original registration documents, parental documents, drawings, concerned authority approvals etc. to the association.

After the formation of the Apartment Owners Association, the builder has to handover the maintenance fund or corpus fund to the Apartment Owners Association. In some cases, the builder keeps some income generating areas with him though the Association is formed. The Act gives apartment owners alone the right to generate income from common areas and facilities in the apartment. In case the builder fails or refuses to hand over the apartment or its amenities after completion of construction and formation of the Apartment Owners Association, a criminal offence could be filed against the builder by the association. After formation of the apartment owners association, the builder has to handover the maintenance fund as well as the documents relating to the apartment and its amenities to the Apartment Owners Association.

Advocate Srinivasa Kudva LawRato

652 votes

From your query, I presume that the Builder built 9 flats on the property and sold them. Hence, each flat is only a unit of the whole building and therefore, the names of the owners of the individual flats may not be reflected in the parent deed (document through which the builder had purchased the property or came into ownership of it). At the time of selling the flat to you, the builder would possibly have furnished you with a copy of the parent deed. If you require more copies of it, you can apply to the relevant authority (sub-registrar or department) and obtain the same. As you have mentioned that you have obtained home loans, it is possible that you have given a copy of the parent deed to the Bank, because without it, the Bank would not approve the home loan. Hence you can also seek the documents from the Bank has they would have maintained a dedicated file with regard to your home loan. If not, as I mentioned above, you can approach the authorities and obtain a certified copy. This is a gist of my legal advice based on your query. Please note that my legal advice is not final and without looking at the relevant documents and without obtaining further information from you, I cannot give a complete solution. For further clarifications, please contact me through www.lawrato.com

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