Merger of new wing in our existing society

This query is : Resolved 
 

(Querist)
24 November 2018

Dear Sir,
We have an existing society consisting of 2 Wings (A&B respectively) with 143 members. Now a third Wing (C wing) has been constructed and the developer has sent a letter to our society asking to merge the 82 members of C wing in our society. For the record there are some common amenities shared by the 3 Wings (Gymnasium, Garden, Terrace Garden). My query is.....can C wing be formed as a separate society as many of our members are against merging of C wing members with our society due to the fact that they have 3 lifts in their Wing compared to 2 lifts in A&B Wing? Is there are a rule to merge the C wing members to our society as many of the amenities are shared? Can we form a federation or Apex body to manage the common areas if required?
Thanks in advance for your response.


Sudhir Kumar (Expert)
24 November 2018

you cannot be forced to merge.

Dr J C Vashista (Expert)
25 November 2018

Whether the developer has sought plan / drawing sanctioned by authorities concerned, please check ?
Which state/city the property/society is located ?
Whether the premises of Society consisting of A & B Wing is a Co-operative or any other type of Society ?
Incomplete information can not lead to form an opinion and oblige.
It would be appropriate / better to consult a local prudent lawyer for proper analyses of facts / documents, guidance and proceeding.

Shailendra M. Deshpande (Expert)
25 November 2018

Agree with Expert Dr. J C Vashista. If builder has already sanctioned 3 wings and having common entry, exit and amenities, then all wings became part of single entity. Hence checking of approved plan is crucial.Just because of C wing has 3 lifts, can't be ground of non-merging as Those members are going to utilise same premises and amenities.

Hemant Agarwal (Expert)
26 December 2018

1. IF the builder has directed you to merge "C-wing" and make them as members of your society, THEN you do not have any legal option left, other than to comply with his directions, since in all probabilities it would be a single layout project, in the survey records.

2. INSTEAD of being miserly, just simply take Membership Forms and Fees and issue the C-wing people, their Share Certificates, instead of enjoying lengthy & expensive Legal Litigation's.

3. A single Society means single conveyance of the entire plot in name of one society, of the entire layout plan. IF you make two society in one layout plan, you would suffer, in future for scores of various resources, IF the other one creates problems.

4. An association /federation is not a proper legal solution and is usually fraught with scores of legal difficulties and documentations perpetually.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal (Expert)
26 December 2018

1. IF the builder has directed you to merge "C-wing" and make them as members of your society, THEN you do not have any legal option left, other than to comply with his directions, since in all probabilities it would be a single layout project, in the survey records.

2. INSTEAD of being miserly, just simply take Membership Forms and Fees and issue the C-wing people, their Share Certificates, instead of enjoying lengthy & expensive Legal Litigation's.

3. A single Society means single conveyance of the entire plot in name of one society, of the entire layout plan. IF you make two society in one layout plan, you would suffer, in future for scores of various resources, IF the other one creates problems.

4. An association /federation is not a proper legal solution and is usually fraught with scores of legal difficulties and documentations perpetually.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal (Expert)
26 December 2018

1. IF the builder has directed you to merge "C-wing" and make them as members of your society, THEN you do not have any legal option left, other than to comply with his directions, since in all probabilities it would be a single layout project, in the survey records.

2. INSTEAD of being miserly, just simply take Membership Forms and Fees and issue the C-wing people, their Share Certificates, instead of enjoying lengthy & expensive Legal Litigation's.

3. A single Society means single conveyance of the entire plot in name of one society, of the entire layout plan. IF you make two society in one layout plan, you would suffer, in future for scores of various resources, IF the other one creates problems.

4. An association /federation is not a proper legal solution and is usually fraught with scores of legal difficulties and documentations perpetually.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



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