Handing over of original documents by promoters

Q: The promoter had had handed over the flats towards the end of 2011 and the Apartment Association was formed in Dec. 2011. Despite repeated mails/calls the promoter is withholding the original land documents with him on one pretext or other. What is the legal position in the matter.

b.s.sundaram, Apartment Resident, Chennai

9th October 2014

Legal in Sidharth Natura, Medavakkam, Chennai

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Hi Ms. Priya,

Thanks Ms. Priya. Before we could contemplate action as suggested above, the Promoters on Oct. 23, 2014 had sent the documents through the representative for being handed over to the Association. The documents have been received under proper acknowledgement and are presently in safe custody. Thanks again for the valudable advice.

b.s.sundaram, Apartment Resident, Chennai

2nd December 2014

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Hi Mr sundaram,

Well In my opinion, first you get a certificate true copy of property documents from sub-registered office for your record, then consult with a local advocate & then send him a legal through the advocate.

Priya Sharma, Chennai

10th October 2014

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Hi Ms Priya,

Thanks for the advice. We are planning only this way. However, there seems some thaw in promoter's approach and he might hand over the documents soon. But often his refrain has been that the documents are required in connection with some IT concession under 80(D) or so. But I doubt his credentials.
b.s.sundaram
10.10.14

b.s.sundaram, Apartment Resident, Chennai

10th October 2014