Redeveloment of society, terrace
Sharad P Thakkar
(Querist) 02 August 2015
This query is : Resolved
Sir,
I am resident of Mumbai, staying on 4th floor of a building of 4 floors, and we have a pocket terrace of approx 200 ft ft area with exclusive entry from our flat only.
We have made an agreement for redevelopment of our society in sept 2009, and builder has paid part of corpus fund( approx Rs.24 lac,in sep 2009) also, but the agreement is not yet registered. In the agreement, the builder has promised us to give 72 sq ft carpet area against our open terrace(which we are occupying at 4th floor, and the main terrace of building is above 4th floor). However the society is now asking us to compensate approx Rs. 5 lac for taking no- objection to builder for giving us extra area against our terrace.
my question is..
Can the society change the clause in which
builder agreed to give us 72 ft area against our terrace?
What right do we have on our terrace, which
the builder of the society has given to the first owner of the flat in writing, and the agreement is registered in 1978,and again when we purchased the flat in 2003, where the agreement states our flat has an area of 490 sq,ft with free open terrace.
The society is now in final stages of negotiations for redevelopment, and they have threatened us that they will remove the clause if we do not pay.
Should we compromise with society or not?
n.b-the agreement for redevelopment is still not registered. Also coveyence of society is still not done due to technical reasons.
T. Kalaiselvan, Advocate
(Expert) 12 August 2015
The society cannot enforce any rule which is not available in the bye law and cannot unilaterally decide about imposing the levy without the approval of the members through a general body o special meeting and pass such valid resolution. You have to consult a lawyer with the property documents and the proposed redevelopment and then issue notice to the society if need be.
Guest
(Expert) 12 August 2015
Dear Author,Are You There Please.
