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Society formation issue and want society name on property card.
05-May-2025 (In Property Law)
I have purchase a flat in building that time all paper work and building registration done in the name of Vinayak Chhya building. Now we are trying to form a society in the same name. Now land owner who gave the land for development he is saying as per the agreement with builder building name Should be in the name of their father Santaram Galaxy .They threatened builder for lega action and cancel the development agreement. Will it going to impact on flat owners if they cancel the agreement.
If it is the development agreement then cancelling it a tedious process and after that lot of work will increase and the new builder will avoids to take the project . Re development is a complex process , If after name change there is no harm no need to change it .
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Adv. Deepak Tiwari
Mumbai | 50+ Answers
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Dear Client,
Once a building is constructed as per the terms and conditions of the Development Agreement and the construction of the said building is carried out as per the terms and conditions of the construction permissions obtained from the town planning authority, the building so erected is considered legitimate. Furthermore once Occupancy Certificate is obtained from the Town Planning Authorities, legal sanctity is obtained for such a building/structure. Now, the fact that the name of the society is concerned, it’s an internal dispute between the landowner and the developer and that the bonafide purchasers of the flats of the said building will not be impacted by the said dispute so be rest assured
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Adv. Devashish Dilip Wani
Mumbai | 25+ Answers
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DA is a legally binding agreement between developer and the allottee. if th DA clearly specifies name the allottee cannot unilaterally choose different name. if Da is precise about the society name the allottee preference is not valid and DA terms must be followed. Changing it to another name than agreed in DA can lead to legal dispute and potential enforcement
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Adv. Mansi Patel
Mumbai | 25+ Answers
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Well ofcourse, if the Dispute does not get resolved between the Landowner and the Builder, it may stall the pending work for Development of the Building! Hence, you can arrange a Mediator to settle the disputes between the Landowner and the Builder!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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