We bought a flat in 2017 in Hyderabad which has 160 flats . Few months ago I got to know many problems with our apartment related to the builder. Need your advice regarding the same. Please find the questions below. 1. Even though the apartment association was formed in 2016, the handover process.did not happen until today. Builder is holding the original documents and is not giving it to the association. What are our rights in this situation and what options do we have to get the documents to the earliest. 2. The builder has some problems with land owners and he is giving it as a reason for not handing over the documents. 3. How does this affect the flat owner. 4. Does Telangana has any rule similar to Maharashtra with respect to deemed conveyance. Few of the owners now would want to get the documents from the builder and are exploring all the possibilities. Can you please provide what can be done to achieve this and how long it will take. Thanks
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Issue legal notice to builder to hand over original documents
2) if he refuses file complaint against builder before consumer forum and seek orders to direct builder to handover original documents
3) also seek litigation costs and compensation for mental torture undergone by you
1. As per law , the builder is bound to transfer all the documents to the association at the time of handing over the possession
- The association should issue a legal notice to the builder and if no response then approach RERA or consumer forum against the builder .
3. In the absence the property document and other allied documents , flat owner will have no right over the flat
- Further, the flat owner can also lodge a compliant before the police and higher official as well for the offence of withholding and cheating the customer.
Dear client,
Firstly, the apartment association has to send a legal notice intimidating the handover process. Secondly, they can file a consumer complaint against the builder if they still fail to hand it over. The flat owners will be affected as they are bound to have all their documents with respect to the apartment to ensure validity. Telangana does not have the same rule as Maharastra when it comes to deemed conveyance.
Thank you.
Apply for deemed conveyance with collector office. You will get the same. Society needs to apply
1. The association should demand the handing over the property documents and also the apartment complex by issuing a legal notice to the builder.
2. The buyers and the association do not have any concern with the problems between the builder and the landowners hence the association as a representative of the buyers should take legal action as per provisions of law. in this regard.
3. Without the builder not handing over the property documents to the association, the association cannot function effectively.
The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process.
4. government brought in the concept of deemed conveyance, wherein a society can bypass the builder failing to execute the conveyance deed and get it from the registrar. Conveyance deed allows the society to mortgage its land for obtaining loans to carry out repair works.
Conveyance is the ownership right to the building and the plot on which the structure is built. Deemed conveyance is the one obtained through the competent authority, if the developer doesn't give it. Conveyance is the ownership right to the building and the plot on which the structure is built.
Thanks for the replies. I have few questions and it will be really helpful for me if I get the answers. 1) Our Apartment in situated in Hyderabad, Telangana. Can we get a conveyance deed from the government If Builder refuses to reply to our legal notice or doesn't want to address our concerns. 2) As per the current situation, the builder is not all responding to any of our concerns . In this scenario if we go by legal route, how long does it take for us to get all the documents from the builder. Also What would be the average legal fees during the whole scenario. 3) We got our OC in Dec 2017, and our apartment is having a lots of structural issues, damaging the cellars and our terrace mainly during rainy seasons. As our apartment doesn't have any documents , do we have any legal route to claim damages from the builder as the price to fix the damages is running into huge sum and it has been only 4 years we got the OC. Thanks.
You can opt for deemed conveyance if builder fails to execute conveyance n your favour
litigation fees vary depending upon lawyer engaged by you
you can seek orders to direct builder to rectify defects in construction
If you don't have documents you can apply and reconstruct the same from different offices through RTI etc
1. government brought in the concept of deemed conveyance, wherein a society can bypass the builder failing to execute the conveyance deed and get it from the registrar.
2. After issuing a legal notice to the builder, if you do not get any response from the builder, then you can drag him to consumer forum to redress your grievances caused by the builder in this regard and also can seek compensation for deficiency in service. The time taken for disposal of the case cannot be predicted, the lawyers fee and the court fee can be inquired through the lawyer you may engage.
3. If the damages what you observed were existing from the beginning, what made you no to approach the builder to rectify the same because he is supposed to maintain and rectify all such issues that may arise within two years of completion.
Even now you can point out all these things and seek proper compensation for the damages or reimbursement of repair charges or file a suit for recovery of the charges over the expenses incurred due to such issues.
Dear Client,
Yes, you may choose to opt for a conveyance deed from the Government if the builder fails to acknowledge your legal notice in any way.
It depends on the lawyer whom you hire. Kindly note that you have the right to take the matter to the Consumer Forum if the builder fails to co-ordinate with you, and claim for compensation on the ground of deficiency of service.
You may still point out the damages to the Consumer Forum seeking redressal of the grievances, and claim for compensation of the damages. You may also file a suit for the recovery of the expenses caused due to these damages.
Thank you.