Society registration and non cooperation of lawyer
05-Nov-2023 (In Property Law)
Hi,
We bought a house from relatively a known builder in mumbai 3 years ago. out of 42 flats, only 17 are occupied and rest are ULC reserved flats. Till now, builder has not done any maintenance related work...we dont have bMC water connection, building is not painted yet. During last meeting he told us he will work on 10 pending items and for that we need to first clear our maintenance amount. Post clearing, he is now directly saying i will not do anywork and take whatever action you want against me.
Now my queries:
1- can we form a proposed society with 40% occupancy? If yes, then what is the expected cost of creating a proposed society? once a proposed society is created, do we have legal rights to do builder development activities like painiting, etc?
2- can we take legal action against such a big builder? will be worth or it would be just waste of time and money?
3- what can we do inorder to force the builder to register the society since now he is charging 5 lakhs from us i
1- can we form a proposed society with 40% occupancy? If yes, then what is the expected cost of creating a proposed society? once a proposed society is created, do we have legal rights to do builder development activities like painiting, etc?
Answer: Firstly has the CC and OC come? If not then you must send a legal notice. Also the society can be formed after 60% flats are allotted. But since it has been long enough and others are ULC flats therefore the builder must handover the building to the society;
2- can we take legal action against such a big builder? will be worth or it would be just waste of time and money?
Answer: This will depend on more detailed discussion of the facts of your case. If you do not have OC then occupying the premises is illegal and the municipal authority can send issue you a notice;
3- what can we do inorder to force the builder to register the society since now he is charging 5 lakhs from us i
Answer: Your query is incomplete. It seems that the builder is charging you exorbitantly, therefore take legal steps. Consult a local lawyer and take steps.
Answer: Firstly has the CC and OC come? If not then you must send a legal notice. Also the society can be formed after 60% flats are allotted. But since it has been long enough and others are ULC flats therefore the builder must handover the building to the society;
2- can we take legal action against such a big builder? will be worth or it would be just waste of time and money?
Answer: This will depend on more detailed discussion of the facts of your case. If you do not have OC then occupying the premises is illegal and the municipal authority can send issue you a notice;
3- what can we do inorder to force the builder to register the society since now he is charging 5 lakhs from us i
Answer: Your query is incomplete. It seems that the builder is charging you exorbitantly, therefore take legal steps. Consult a local lawyer and take steps.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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