1. It is not known that how the builder changed the name of the original owner by a registered Deed.

It can be considered as  transfer of property, if so, then the original owners are deemed to have transferred their rights in the property to  new person(buyer), thereby their rights in the property are extinguished. 

2. Since the transfer is reported to have taken place by a registered document, you may peruse the document to form a clarity about the issue, you can  refer the document before an advocate who will explain the details.

3. The apartment owners have already been protected with their rights for the undivided share in the property which would find  a mention in their registered sale deed.

Undivided share is a part of land held by the buyer of the apartment in a residential complex on a plot on which the entire structure is constructed. Each and every flat built on that particular plot will have a share in the land but will not have any defined boundaries.

4. You have still not mentioned that what is the imminent danger or risk the apartment  owners are facing by this transaction.

What is the kind of transaction is this?

did you go through the registered document to clarify your doubt?

Have you consulted with an advocate or discussed about this with the fellow apartment owners about it?

5. You can engage the services of a lawyer and et the documents vetted and also his opinion for further action if necessary. 

1. Change of name from A to B by ROC is of no legal consequence. The transaction in the name of A is valid.
2. Failure to change title from A to B invalidates the subsequent transfers. It cannot be termed as benami.
3. Apartment owners can file a suit for declaration to the uds in the property.
4. There appears a fraud by builder. This is a matter for Special Court under Companies Act, 2013. A case can be filed for fraud under Section 447 of the Act against builder.
5. Advice is rendered on limited data. Many points are not clear.

The promoter is limited company/llp as an application is made to roc. Under these facts the only appropriate forum for you is Special Court under Companies Act, 2013.

A complaint can be filed in District Consumer Forum, but a complaint in Special Court established under Section 447 Companies Act, 2017 will be more effective as punishment for fraud there is ten years and fine up to three times of fraud amount. Special Court is designated by High Court for speedy trial of cases of fraud by companies. Such Courts exclusively deal with economic offences. There are some good lawyers in Bangalore. 

File complaint against builder before consumer forum and seek orders to direct builder to execute conveyance in favour of society within stipulated period 

also seek litigation costs and compensation for mental torture undergone by you 

Transactions by builder in old name is not valid after change of name 

it is not a Benami transaction 

3) file complaint against builder before consumer forum and seek orders to direct builder to execute conveyance deed in favour of society 

Dear Sir/ Ma'am, 

1. After a change of name, the old name is no longer valid.

2. The above transaction cannot be called a Benami transaction.

3. the undivided share of the owner in the property would be protected under the sale deed. 

You contact the lawyer and get the said documents and agreements vetted to assess the further steps to be taken. 

4. you can file a complaint against the builder in the consumer forum. the prayer in the complaint may be to seek the builder to execute a conveyance deed in favour of the society. 

Thank You

• For further assistance, you can book a consultation with me.
•  

Once the builder has changed his name ie the company he cannot do anything in the old name. That is illegal.

 Not only this transaction be reported but you should send him a legal notice demanding that the details of the transaction be disclosed if it involves your property in any way.

The builder may be selling the property again which many a time happens.

He should be served with a legal notice demanding that he complete the formalities and strict legal action in the form of a complaint must b3 filed against him in the RERA tribunal in case of non compliance.

You can initiate legal steps against the builder for deficiency in service  and file a complaint before consumer forum, before that you may  serve a legal notice demanding the builder to complete the formalities in this regard covering all aspects. 

On the basis of the legal notice you may approach consumer forum for proper action against him  and can also seek  litigation costs and compensation for mental torture undergone by you due to this act of the builder 

1. If A has transfer his property in the name of B by a registered deed , then mutation is not a problem for buyer of the apartment , and it can be changed even in the name of buyers as well after submitting the documents of ownership. 

- Yes, as the property already in the name of B, then builder cannot do any transaction in old name A, and buyer can file a compliant against the builder 

2.  File a compliant against the builder , as A having no legal entity if the property already in the name of B . It not come under Benami Property. 

3. If the apartment owner has registered document , then the right in the undivided share already exist , as without getting the ownership B was not having any right to execute deed in apartments owner. 

4. No

5. Check all the clauses of your title documents for your safety , and in the absence of the same cannot advise properly. 

You can go before rera or consumer court for better action against builder in above circumstances