Builders are legally required to hand over all documents to the co-operative housing society

Q: Now builder must hand over all documents to society.

Dwarkesh,

8th February 2016

Legal in Mumbai

real estate

housing society

co-operative housing society

statutory obligation

salot builders

consumer protection

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Replies (3)

It is not true. Because the forum found that there was no evidence to prove the builder's dispute that the draft of the conveyance deed had been sent to the Society for approval. Similarly, there was no documentary evidence to prove that the builder had handed over the original title deed and other documents.

Bikram, Mumbai

8th February 2016

Comment

Yes, the builder was found guilty in this case and ordered him to hand over the property card, the clearance order from the Urban Land Ceiling Department, the development agreement between the builder and the land owners along with the power of attorney, the registration of the document, the permission and the plans given by the municipal corporation, the occupation certificate, the tax payment receipts, the title clearance certificate.

Ramesk Polekar, Mumbai

8th February 2016

Not only this Ramesk, The builder was also directed to pay Rs 15 lakh to the Society toward compensation and Rs 10000 as costs. The Forum also directed the builder to comply with the order within 30 days, or else pay the amount with 18% interest.

Varun,

8th February 2016

Correct Suresh,
As per the owners of the society, they were given possession in 1975-1976. The following year, the Beach Resorts Co-operative Housing Society was formed and registered. The Society repeatedly asked the builder to execute conveyance and hand over the title deeds. The Society also asked for various other documents that the builder is legally obliged to hand over to the Society. Since the builder did not comply, at last, the Society, in 2009, filed a complaint before the Mumbai Suburban District consumer forum against Salot Builders and its partners.

Varun,

8th February 2016

Comment

Hi Varun,
I also read this news in the morning......During the process by the court, it was found most of the partners had expired, except Chandrakant Salot. The Society deleted the names of the deceased partners without bringing the legal heirs on record, and proceeded against Chandarakant Salot alone.

Suresh,

8th February 2016

@Suresh,
The builder objected to the case, saying the partnership firm of Salot Builders had been bring to an end due to financial difficulties. Chandrakant Salot claimed due to advanced age, he was no longer in active business. He alleged the complaint had been late filed to harass him, even though he had all along been willing to execute conveyance.

Ramesk Polekar, Mumbai

8th February 2016

As per the builder, in 1977, when the Society was formed, he had sent a draft of the conveyance deed for approval but the Society had not responded. He alleged the delay cause to the Society's negligence. He also claimed all documents had been handed over to the Society. He also argued that the complaint should be dismissed as the legal legatee of the deceased partners had not been brought on record, and only he was being singled out and targeted.

Varun,

8th February 2016

Hi Dwarkesh,
But builders sometimes obey with this legal obligation. As these are legal permits, the cause of action continues as long as the default continues. In one of cases, it is found that Salot Builders had undertaken a housing project at Juhu Koliwada in Mumbai has not handed over the several documents to the owners of the society which lead them to knock the door of the statutory body.

Suresh,

8th February 2016

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