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MANDAR GAVALI (CONSULTANT)     02 February 2013

Locus standi

Dear Team

I need your advice in this matter.

I have purchased a flat by entering an Agreement with the Builder under "Maharashtra Apartment Ownershp Act 1970". Under this act, there is absolute obligation to form "Housing Society". All the matters are suppossed to be run by "Owner Association".

But few of the flat owners went ahead and formed and registered "Housing Development Society" with Sub Classification as "Tenant Co-Partnership Hosuing Society". With this, my proprietory rights were under stake, I did not join the society. So I am not the member of the society.

In the meantime, I filed an application fot the De-registration of the society. Sub registrar heard me for six months and finally concluded that I do not have right to apply for the de-registration since I have "No Lous Standi" in the matter.

I am more worried now about my propritory rights as since the Sub Registrar has upheld the Society...

1. Title of my flat will be with the in the Name of the society.

2. For every small thing, I need to take the society NOC.

3. I will be deprived of Common facilities, amenities such as Parking, Garden.

4. I cannot transfer the property without Society NOC.

5. My Individual ownership will be lost.

With this posting, I would like to know on what points shall I appeal to the higher court?

Thanks,

Mandar Gavali

 



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