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New occupants of salable components in redeveloped building

(Querist) 04 February 2013 This query is : Resolved 
Dear Sir,
After redevelopment of our society we have two wings Rehab wing A & salable component of developer wing B, now, the builder is not allowing the new occupants of wing B to become members of society, Developer wants to make a shop in stilt parking area of wing B which we rehab member (owner society) is not permitting. Redevelopment agreement clearly states that no commercial will be allowed. We have heard that developer is trying to make a new society of wing B & will make shop there. We wrote ltrs to new occupants of wing B to become members of society but they have not responded. Now, few MC members say that we should make a big hoarding & keep it in front of main gate which will state that society does not have any concern of these new occupants. My query is if we put this kind of hoarding what difference it does it makes to new occupants? As now also they are least bothered about our society. They very well park their vehicles in our society & live peacefully without any worry. I have a doubt if society will make such hoarding then they will become free for any action. Is there anything by which we can put pressure on new occupants to become members? we tried to involve registrar in matter but all was vain. In case, we prepare such hoarding what matter should we write? How can we stop this occupant’s car parking in our compound. In case, we say a thing developer comes in picture & says to us that he has not handed over society to us back after redevelopment till that time all management will be in hands of developer. But redv agreement clearly states that developer is a license contractor who is allowed to be present in compound only for construction work.
ajay sethi (Expert) 04 February 2013
repeated query
SAA_Bombay (Querist) 05 February 2013
yes sir, i agree that few queries are repeated, but with due respect to all you knowledgeable people wanted to confess that as these legal matters which involves high level of understanding & legal knowledge which a lay man like us do not have, needs to confirm with you before we take a step forward. As I have mentioned this in one of my earlier post also, that our society & me personally have got helped by helpful people like you who do share their knowledge for betterment of society without any greed or expectations. Heads off to people like you Mr. Sethi. You have become role model of MC member of my society. We thanks to all experts on LawyersclubIndia for helping people like us.


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