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unregistered shop and flats in co-operative housing society
19-Apr-2025 (In Property Law)
1>housing society registered on 2013.
2>some flat and shop are sold by the builder before formation of housing society and given possession letter to the buyer against full and final payment, but the buyer not registered the sales agreement as per stamp stamp act.
3> society is not allowing to do the business in said shop to the unregistered shop owners , can society do this , it is legal or illigal ?
the unregistered owners need to approach court if builder is not cooperating. If the builder refuses to register the sale deed, the buyer may need to file a legal suit for declaration or approach consumer court to establish their ownership and force the builder to comply. if there is Alternative Dispute Resolution clause
then alternative dispute resolution mechanisms like mediation can be explored.
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Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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