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in Contracts Law Criminal Law
Asked September 09, 2017

Responsibility of the Housing Society to report illegal documentation done by owner and builder

  • 1 Answer

Hello I am the Secretary of a housing society in Mumbai landowner is seperate from the builder , there was a development agreement between both one flat which the builder has all along claimed as his own , turned out to be our society office as per sanctioned plans ...builder has prepared false share certificate for the same and is claming ownership on the basis of just this document. builder is using this flat for commercial activities since last ten years there is a clubhouse which was supposed to be conveyed to society , the clubhouse is claimed by the landwoner , while the conditions for construction of clubhouse clearly mention that the same is to be conveyed to society builder was the secretary of the first committee formed and has allotted around 50 parkings to himself ( builder has 4 flats in the society ) so as to keep control of these , and sell them builder has erected around 20 rooms in parking areas and sold these to some greedy members society has already filed a complaint with the national commission for conveyance/clubhouse/common areas handover/ rent for last ten years/ mobile tower rent we would like to know if the above situation is a good case for EOW or LOCAL POLICE STATION ? as both , ie the landowner as well as builder are clearly at major faults and have committed forgery/false share certificate/illegal physical possesion of clubhouse /illegla use of society office and claiming ownership/ 50 odd parkings takeover please guide thanks

Answer 1

Since the builder has committed gross irregularities and has wrongly benefitted himself from those irregularities, it is an ideal case for EOW but If the EOW takes up the case it would have same effect as the case being taken up by the police or in fact you should go to local police station first and file a criminal case against the builder and landowner under section 109 of IPC read with Section 420 of IPC. In addition to this for forgery and false share certificate you can book them under section 468 of IPC. The police if they will consider necessary may also advice you to approach the EOW. But in my opinion you should also institute a criminal case against them parallel to the ongoing case in national commission.

Agree Comment 0 Agrees over 3 years ago

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