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Old 07-08-2009, 01:26 AM
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Re: flat builder sold open space to third party


Dear Sunil Bachhawat,

In the state of Maharashtra, there is a law called the "Maharashtra Ownership Flats Act", for the protection of flat purchasers against the shenanigans of builders.

It stipulates amongst other things, that -
a) Builder cannot make any changes to the site or building plans which are not explicitly mentioned in agreements signed with flat takers,
b) flat owners can form a co-operative society as soon as a sufficient number of them have taken possession, even against the builder's desires,
c) builder is forced to convey title to the land to such society within fixed time (4 months, I think) after its formation, or else they can approach RoCS and Registrar of Documents and unilaterally get a "deemed conveyance" effected, and
d) builder is subject to imprisonment and fines if convicted of violating certain provisions of the act.

Analogous legislations exist in many states. Please find out if a similar enactment applicable to your state exists; it will typically have the state name, along with the words 'flats', or 'apartments', ond possibly 'ownership' in its name. If it exists, please read the act from end to end, along with all rules enacted under it. That will give you a much better idea of remedies available to you, along with how to proceed, and what all documents to seek from the Municipality, and possibly RoCS, etc. under the RTI Act.

regards,
SomeGuy
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