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Builder asking to form association in order to handover the possession
02-Sep-2023 (In Property Law)
We have moved into an apartment with 220 flats in bangalore, mahadevpura about a year back without occupancy certificate as the builder had promised to give it soon, however, it has been delayed due to multiple reasons and still we have not received. Our term of maintenance by the builder is coming to an end next month and he is requesting to form the association at the earliest so that he can give the handover to association. My question is 1 - What is the risk of forming an association with out receiving Occupancy certificate? Can the builder take any advantage? 2 - Some of the civil work is not completed by the builder and he has informed that he is short of funds and would be completing it soon but doesnt give a guarantee to when he would be completing it. In case if he doesnt complete and absconds when what is measure we should take. 3 - What are the rules to be followed to form an association? Appreciate your response! thanks!
1. Yes there is a chance that that builder may take advantage if any risk aroused in the said apartment. Occupancy certificate can establish your presence in the said apartment.
No giving the occupy certificate is also amount to deficiency of service.
2. It is the duty of the builder is surrender the building fully prepared and he cannot seek extension of time for completion of the Civil Work. I hope your agreement of sale contain the same facts. Please go through the same. If it was not completed please issue a notice to him and demand him to complete immediately. The delay may cause damages to you by one or other way.
It also amount to deficiency of Service.
Please go by proper documentation and correspondence. Issue notice to the concern builder to complete civil work immediate.
The Rules of each association differs. Please go thought the bey laws for that.
No giving the occupy certificate is also amount to deficiency of service.
2. It is the duty of the builder is surrender the building fully prepared and he cannot seek extension of time for completion of the Civil Work. I hope your agreement of sale contain the same facts. Please go through the same. If it was not completed please issue a notice to him and demand him to complete immediately. The delay may cause damages to you by one or other way.
It also amount to deficiency of Service.
Please go by proper documentation and correspondence. Issue notice to the concern builder to complete civil work immediate.
The Rules of each association differs. Please go thought the bey laws for that.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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