regardin flat possession
I have a flat in Dehradun for which I have not yet got the possession . The society is asking for maintainence charges and holding charges . Please advise is maintanence charges applicable legally when the flat holder has not got the possession. The registry of the flat is not being done by the builder and therefore I could take possession.
The society is willing to provide possession ( without registry) but asking to pay all back date maintainence of two years. Generally the maintainence starts after taking possession.
I feel its not justified, also one of the rooms is incomplete, the plastering is not done and they are providing possessin on actual position of the flat... please advise.... more
The society is willing to provide possession ( without registry) but asking to pay all back date maintainence of two years. Generally the maintainence starts after taking possession.
I feel its not justified, also one of the rooms is incomplete, the plastering is not done and they are providing possessin on actual position of the flat... please advise.... more
Viewed by 447
View all 12 comments Below 12 comments
The Builder has to call a meeting of Flat owners to request to taking over the Maintenance. If the Owners Request, only then Builder can take charge for maintenance. Owners refuses to take over the maintenance with Reason's then too the Builder can not charge without CC ... Defective CC, Owners will need to take it up with RERA more
May 14
The owner should refuse taking over against the offer letter stating the flat is not complete. and demand for completion certificate before occupying. more
May 09
There are two possibilities: 1. The builder has not completed the construction and hence the flats are not ready for offer of possession. The completion certificate or occupancy certificate by the municipal authority is the test document. 2. The builder has offered the possession to the buyer but the buyer has not yet taken the possession In the first case, the builder cannot demand any maintenance charges and hence not payable even if demanded. In the 2nd situation, the builder has right to demand the maintenance charges from retrospective dates more
May 09
In the 2nd situation, it is more often than not the practice of builders to offer flats for possession and if not accepted by the buyer within a certain time limit the builder threatens to sell the same to some other buyer in the waiting whether the building is complete or not.
Further, the issue of maintenance of the building can come up only after the completion certificate has been issued by the authorities. Hence, the builder cannot charge anything in the name of maintenance with retrospective date.
Further, the maintenance part does not belong to the builder but to the buyers who have got constitute their own society for the purpose of looking after the building/flats they have purchased. more
Further, the issue of maintenance of the building can come up only after the completion certificate has been issued by the authorities. Hence, the builder cannot charge anything in the name of maintenance with retrospective date.
Further, the maintenance part does not belong to the builder but to the buyers who have got constitute their own society for the purpose of looking after the building/flats they have purchased. more
May 09
Normally maintenance payment will become due only after builder gets occupancy certificate. One has also to review agreement signed with builder more
May 09
