How to get stay order for redevelopment
sam
(Querist) 18 August 2014
This query is : Resolved
Greetings,
We stay in small C.H.S. having 8 members Building was constructed in late 1990s. Since last 4 year, I had tried to get Conveyance of Society and we also appointed professional to get it. Initially he told us that it will be matter of 3 months.
However existing builder did not gave response and after 1 1/2 year, we had to get our money back from professional as he failed to get our Conveyance.
Now old builder have sold redevelopment/Conveyance and other rights to another builder. Who wants us to sign MOU for redevelopment with him, then only he will allow us to get Conveyance.
Some members are showing extra interest to sign MOU with builder without following any following procedures like appointing PMC/Architecture, Get Conveyance for society, publish Advertise asking for Tender, get better offer for tender and then choose right builder.
Que.1. Though I tried to explain terms, Few members are interested say 4 out of 8 members. How can we get court assistance like stay or so?
Que.2. What is Court Fees and other Legal Charges to get legal assistant in Mumbai.
Kishor Mehta
(Expert) 19 August 2014
Sir,
[1] If every member has a registered document for his respective flat, having duly paid the stamp duty and registration charge,
[2] If a CHS is formed and registered,
The builder has to give a conveyance to the CHS for the plot of the building, failing which a suit can be filed against him.
Secondly the builder has no right to sell the development rights, as far as the CHS building is concerned, to a third person or party. The plot of land belongs to the CHS.
The sale of plot of the CHS building is illegal and the purchaser has no legal status in the matter.
Good Luck,
Kishor Mehta
sam
(Querist) 20 August 2014
1) CHS is formed and it is Registered Society. And all documents are registered.
2) Secondly Existing builder have given Power of Attorney to NEW Builder, who wants us to sign MOU for redevelopment first, then he will provide us with Conveyance.
3) Main Que. is how to stop other members (Say 4 out of 8) from going all out of way to appoint builder without following Proper Procedure.
Thanks in advance.
ajay sethi
(Expert) 20 August 2014
refuse to sign MOU . file complaint before consumer forum against your builder for failure to give conveyance and also seek compensation
ajay sethi
(Expert) 20 August 2014
redevelopment cannot take place without following due procedure as laid down in bye laws . only with 50%consent of members no redevelopment can take place
sam
(Querist) 20 August 2014
Thanks Ajayji,
As of now out of 8 members 4 are in favour of Redevelopment. But if 6 members agree in future out of 8 members, then What to do, because at that time it will become 75% majority.
The question, if all 6 out of 8, goes all out of way to choose new builder, without taking any systematic procedure, What I can do????
ajay sethi
(Expert) 20 August 2014
if procedure prescribed by bye laws have not been followed you can move court for obtaining stay on redevelopment process
M V Gupta
(Expert) 20 August 2014
As u are having registered Society, redevelopment can take place only if the GB in a meeting specially convened for the purpose passes resolution with 3/4th majority of members present at the SGM. The Society is required to follow the procedure prescribed by Govt in its directive dt 3rd January, 2009. The new builder cannot force the members to sign MOU unless the Society has passed resolutions in the SGM for redevelopment. so far as conveyance is concerned ur Society should apply for deemed conveyance to the Competent Authority appointed the MOFa Act. U may also consider approaching the Consumer forum against ur old builder and his POA holder and obtain interim injunction against them.
ajay sethi
(Expert) 24 August 2014
query is resolved
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
