Legal Question in Construction Law in India

A builder after selling undivided shares of lands by power of attorney from the land owner got necessary permission from CMDA to construct the flats in three floors. Such flats are made over to individual owners who paid the construction costs. A few of them are given to land owners or legal heirs,(I am given to understand) who one way or the other were in the way of making over of the building to association of owners. However the function of an association was going on like collection of maintenance charges, attending of faults etc for 2 decades. Also the registering of the association of owners with the registrar of societies did not take place. Can a government authority like police or courts with or without any application made in these regards declare the association illegal formation? Also can the builder be challenged in court for not making over?


Asked on 8/25/09, 12:56 pm

1 Answer from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

If you are one of the owner in the above apartment or among the flats you are also having right to be a member of the said society. You can challenged the society in the court of law.

M.P. SANJAY

Advocate

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Answered on 8/27/09, 11:16 am


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