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

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.

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.

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