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Builder forcing to handover the society
18-Mar-2023 (In Property Law)
We purchased a flat 11months ago. the builder had asked us to pay 70k as maintenance charges for 2yrs. it's been just 11months now builder is forcing us to take possession of society (since he ran out of funds) and majority members are also interested in taking the charges. But few members want builder to run society as committed for two years. Question is, can that majority group form society without our consent and can we take any legal action against builder
Following answer is strictly from perspective of laws in State of Maharashtra
You have mentioned that - and majority members are also interested in taking the charges - from this I understand that majority members want to take charge of the housing project by forming and running a cooperative housing society.
So yes majority i.e. more than 60% members if they are willing to form society then they can form society. If you are against formation and /or you have issues against the builder then you can resist and protest it by legal means.
You have mentioned that - and majority members are also interested in taking the charges - from this I understand that majority members want to take charge of the housing project by forming and running a cooperative housing society.
So yes majority i.e. more than 60% members if they are willing to form society then they can form society. If you are against formation and /or you have issues against the builder then you can resist and protest it by legal means.
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Hi! It depends on the agreement entered between you and the builder. The builder cannot go beyond what is written in the contract between you both. So I would need to go through the document once. Let me know if you want an in detail advice on this. I would suggest you issue a legal notice to the builder regarding the same. Let me know. Thanks!
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Adv. Priya Bhutada
Nashik | 100+ Answers
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