Co-oprative law and mhada redevelopment rules 33 7
Janhavi Mantri
(Querist) 27 September 2016
This query is : Resolved
I live in a co-operative hsg. soc. I am a member of this society. The land still belong to a charitable trust. no conveyance of land has been done. Trust is still the landowner. At the time of redevelopment the tenants have been awarded ownership flats and thus become members of the co-op soc. Those tenants who did not want to become a member of the soc. remained as tenants of the trust. The trust pays maintenance charges on behalf of tenants to the society.
Recently 3 of the tenants of trust became member of our co-operative society. They had been awarded membership by the society without any NOC or consent from the Trust who is the actual owner. As a member of society i questioned the committee about his membership and I was told that the membership has been awarded as per MHADA redevelopment rules 33 7 and according to them its legal.
My question is:
1. Can a tenant become member of co-op. soc. without noc from the trust (flat owner) under MHADA? The society is governed by co-op law.
2. Is it legal?
3. What legal steps can be taken as an individual?
4. Is it a kind of fraud?
Regards,
Janhavi
Guest
(Expert) 27 September 2016
Moment you say land belongs to Charitable trust first thing which strikes me is Trust Act , Maharashtra Public Trust Act .
Additionally permission from Charity commissioner to do any thing on Trust property.
Under circumstances nothing seems straight for me in my fundamental study means when charitable trust is formed , then every time for doing anything on Trust immovable property permission of Charity commissioner is required. Trustee can not do anything what they like. Whether any such permission is taken or not is first instance is puzzling thing for me ?
Your statement indicates Trust property went for redevelopment --- Now Land owner still is Trust conveyance not done under circumstances again question which arose in my mind now to even change smallest of small thing legally you need clearance of charity commissioner office , either you do conveyance with permission of charity commissioner from Trust to Co-operative society first then only think any thing else.
Now from where this MAHADA appeared in picture ? MAHADA is organization which construct houses and also gives land on lease etc. now if MAHADA has any rights on the property then how trust can have right as owner? Chances are that if Mahada is owner of property then Trust may be leasee ? then again question arose in my mind if trust is leasee again whether with proper permission from charity commissioner you people are induced in immovable property ?
I would suggest in this case get real picture of whole matter first properly , for that you need to collect papers and then take opinion about real title of this whole immovable property.
My basic education states this whole thing is irregular beyond your imagination.
Janhavi Mantri
(Querist) 28 September 2016
Dear Sir,
Thank you for your valuable inputs. Just to clarify, the trust in currently governed by official trustees. At the time of redevelopment the approval has been taken from charity commission as well has official trustees. As per the property card the land belongs to the trust and it has got nothing to do with MHADA. Some committee members along with a few tenants are misleading everyone and have already transferred their flats from tenants to the society members .
As an individual whom can I approached regarding this fraud?
Regards,
Janhavi
Raj Kumar Makkad
(Expert) 28 September 2016
There is no requirement to obtain NOC from Trust in the given case as the tenants of trust have every right to leave tenancy and become member of society and thus get ownership of the property.
Where is the flaw and moreover, how are you concerned with the decision of the committee?
Rajendra K Goyal
(Expert) 28 September 2016
All the documents, bye laws, trust deed need to be referred, consult local lawyer.
Guest
(Expert) 28 September 2016
I would suggest better concentrate getting conveyance from Trust to Co-operative society with permission of Charity Commissioner.
Because under circumstances whole property will be governed by standard law of Co-operative society and legal confusion will end for ever.
Additionally if conveyance has not taken place in future if building collapse etc. you may /may not have any right in property.
Forget rest
Raj Kumar Makkad
(Expert) 28 September 2016
I do agree with the practical advice of madhu.