Builder has transferred his interest to another builder after selling of flats

We have 500 families staying in society. 300 families got possession in the month of April 2019. After three months later our builder did a lease agreement with another builder to use our society road. Even other third party builder has road of 9 meter. To increase the floor size of the third party builder he showed our society’s road of 15 meter. The road is passing through our already constructed gate. It looks like changing the plan even though our builder did not take any consent from the allottee and he gave permission to them by saying the power…

by Shivendra Pratap Singh | May 26, 2021 | Property Cases

Builder cannot convey its interest to another builder. When the builder has sold the flats to its allottees then he cannot transfer his interest in the property to another builder. It is illegal and has no legal implication over the flat owners. After completion of the project the builder should transfer his interest in the welfare society formed by the flat owners.

This is the procedure towards the transfer of share to the flat owners. Thereafter, the society, consisting of the flat owners, shall decide how to use the property in the welfare of the members. The society shall issue share certificate to the legal flat owners. An illegal flat owner cannot claim share therein. It is against the interest of the flat owners to introduce another builder after sale. 

File a complaint before the society registrar 

First of all your society should file a complaint before the society registrar for stopping the interference of builder in the daily business of society. The builder has the obligation to transfer the interest to the society. Thereafter, the society shall take further action or decision regarding the use of land.

Lodge an FIRThe society should also register a FIR before the local police for the offence of criminal trespass. The person other than the inmates of society has no right to use the road without permission of the society. If they are using the road on the behest of the builder then the criminal case is made out against him also.

Author's Profile

Tags: rera cases

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Lessor has refused to renew the lease even after receiving entire rent

Jun 14, 2025 |

A business owner in Gujarat faces a legal notice to vacate after their landlord refused to renew a lease, despite accepting rent in advance. Legal experts clarify that payment does not constitute an automatic renewal when written permission is required. While the lease terminates by efflux of time, the tenant may negotiate for sufficient relocation time.

My neighbor has constructed a 6 to 7-foot compound wall

Mar 8, 2025 |

This legal guidance explains the remedies available where a neighbour has raised a high compound wall obstructing light, air, access, or causing nuisance to adjoining property owners. It discusses municipal complaints, civil injunction suits, easement rights, and legal action that may be initiated against unauthorized construction.

My neighbor is constructing a house adjoining to my compound wall

Feb 18, 2025 |

This legal guidance explains the remedies available when a neighbour constructs a building adjoining the compound wall without maintaining the required setback. It discusses municipal complaints, easement rights relating to light and air, temporary injunctions, and civil remedies available to prevent unauthorized or nuisance-causing construction.

Suit dismissed for defect in parties

Jan 19, 2025 |

This legal guidance explains the consequences of dismissal of a civil suit due to non-joinder or misjoinder of necessary parties. It discusses the remedy of impleading proper parties, restoration or refiling of the suit, amendment of pleadings, and the legal principles governing defect in parties under the Civil Procedure Code.