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Urgent - get stay order on society who doesn't follow any byelaws or gr dated 3-01-2009

(Querist) 22 October 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.

Chairman of society is showing extra interest to sign MOU with builder without following any following procedures Bye laws or GR on redevelopment of 03-01-2009.


Though I being secretary tried to explain terms and legal proceedings and other legal/Technical terms, in SGM 6 members out of 8 members have agreed to for redevelopment and sign MOU.

Que.1> How can we (opposing 2 members - including secretary) get court/registrar/legal assistance like stay or so.

Que.> What is Court Fees and other Legal Charges to get legal assistant in Mumbai.

Thanks in advance.
Devajyoti Barman (Expert) 22 October 2014
1. You can go to high court in writ jurisdiction and apply for stay order. But before that you have to lodge complaint with Registrar for time bound action.
2. Court fees differs. In WB it is Rs.200.
sam (Querist) 22 October 2014
Thanks for your reply.
However I would be oblige to know the status in Mumbai.
Isaac Gabriel (Expert) 22 October 2014
Why you prefer conveyance deed?If the building is constructed on the society's land this question not arise as the society would have allotted the house in the name of its members.No need to appoint an agent to get the conveyance dded.If the society is defunct,You can contact the Deputy Registrar to get title deeds.
Isaac Gabriel (Expert) 22 October 2014
Why you prefer conveyance deed?If the building is constructed on the society's land this question not arise as the society would have allotted the house in the name of its members.No need to appoint an agent to get the conveyance dded.If the society is defunct,You can contact the Deputy Registrar to get title deeds.
Kishor Mehta (Expert) 23 October 2014
Sir,

[1] The builder has no right to sell or transfer the redevelopment rights of the Society Building. You can issue a notice to the builder to execute Conveyance deed in favour of the Society for the plot of land on which the building stands, if the builder fails to execute the conveyance deed you can take him to court. It is the mandatory responsibility of the builder to execute a conveyance deed in favour of the Society within four months of the registration of the Society.

[2] No member of the society can be forced to sign a MOU with any builder.

[3] All societies are to follow mandatorily the guidelines of the Maharashtra State Government circular of 03/Jan/2009 at the time of redevelopment, any action to the contrary is illegal. The elementary requirement of this circular is a conveyance deed in favour of the Society.

Good Luck,
Kishor Mehta
Raj Kumar Makkad (Expert) 24 October 2014
I do endorse the wise advice of Kishor Mehta.
Rajendra K Goyal (Expert) 25 October 2014
Agree with the expert Kishor Mehta.
sam (Querist) 29 October 2014
Thanks for your esteem advice.

Even after explaining that 6 members out of 8 members are not following any guideline of GR issued by Maharashtra, they are still ready to sign MOU.

do we 2 members have any option left?

Legally what will be cost for such steps?

Please help.
Kishor Mehta (Expert) 29 October 2014
Sir,

Please understand that if the majority is doing something that is unlawful and adverse to the rules of law, then a minority, let that be a single member, can very well successfully object to and set aside the unlawful decisions taken by the majority.

You can send a written complaint, per speed post, to the sub-registrar of CHS of your area/zone, and put the entire matter before him. He has to take action and call the managing committee of your society for explanation.

If he fails to take any action in the matter, you can take recourse to RTI (Right to Information Act). You can send an RTI application requesting the sub-registrar of CHS to inform you the action taken in the matter of your complaint letter. It is the mandatory duty of the sub-registrar to reply to the RTI application within one month.

Good Luck,
Kishor Mehta


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