We are living in Mangalmurti Building, Palghar ( Maharashtra ) since 2014. In our Building all together 25 flats. Still date, 10 flats remains as unsold. One more issue that here as society was not formed due to less residents are residing it.i.e.8 .. This is a slum area. I think as very minimum chances to sold other flats at the earliest.
Suppose, In 2 or 3 years as same situation should be remains later then why we should be borne the maintenance of unsold flats?
We are unable to afford the same. Please give me advice as per law.
I C Naik
I am glad you are looking for a solution to problem. You have really a tough problem, solution requires real hard work.
- Under MOFA 1963 the Builder/Developer has to form a cooperative society as soon a minimum number required to form a housing society have signed agreement for sale of flats.
- Primarily Builder has to approach the Registrar as he is a member of the society on registration holding all unsold flats till they are sold. He is liable to pay maintenance just as the 15 are liable.
- Out of 25 flats only ten are unsold meaning 15 are sold. 12 flat holders of different families can approach the Dy Registrar of your Ward (as the builder not interested) to form a housing society. Collect 12 members to sign application for registration.
- If 12 are not forthcoming, approach Deputy Registrar with a request to allow lesser number of members to register a housing society.
- Go to a smallest lawyer with a request to go with you to Deputy Registrar’s office.
- It is possible that he may allow and help you to register housing society.
- If it is successful enrole the Builder as member in the very first general body meeting and start sending bills for maintenance. He may not pay but there is another procedure to apply to the Registrar for such recovery.
It is a long way but not impossible.