Housing society -can builder sell open space
IYER D V
(Querist) 23 June 2012
This query is : Resolved
Our Society is having shops in front side of Bldg, (Toilets inside the shop itself) -Society having separte entrance & shops do not have separate entrance as they r road facing. One of the walls adjacent to shop no. 1 is half open/built & Soc in the process of fencing the compound built up the wall. Shop 1 objected saying the adj open plot belongs to him as society (builder managing the society at that time) had sold it to shop 1, 15 yrs back & has procduced a resolution to that effect, however no agreement has been entered.
My question is can a society open plot be sold by society/builder based on a resolution alone. What remedy does society have agst shop owner who has threatened to break wall & arguing why society has woken up now. Also this space/area was not occupied by anyone since the builder had constructed a partition wall. Mere non-occupation of the space by society does not make shop the rightful owner of society premises.
Pls advice.
sanjeev murthy desai
(Expert) 23 June 2012
Society cannot sold such open space to any one unless passed a resolution in the general body meeting of the society and 2/3rd members has to be agree with such resolution. Even there is a resolution then society has to sold under a Sale Deed otherwise members always has a right to question said shop owner.
ajay sethi
(Expert) 23 June 2012
has Deed vof conveyance been executed by builder in favour of society . till conveyance deed is executed builder is the owner of land .
