Cooperative housing society utter pradesh
kumarjainn
(Querist) 07 September 2012
This query is : Resolved
sir
a cooperative group housing society was formed in ghaziabad , U.P. for allotment of plots for construction of house to its 250 members. In the AGM the a decision has been taken to construct 1200 flats in the land. about 10 original members are interested in plot and not in getting flats. as a majority of the members agree for flat the construction of flats in the land has been started after getting permission from registrar office, lucknow. can the vested right of getting a plot of the original ten members be protected or they also have to agree to take the flat. is there any supreme court ruling if so please send the details of the case
thanks
ajay sethi
(Expert) 07 September 2012
since decison has been taken in AGM for construction of 1200 flats it would be binding upon all members
kumarjainn
(Querist) 07 September 2012
sir
the society is asking old members to pay rs 10 lakhs as cost of flat and new members will have to pay 46 lakhs. old members are interested in getting flat free as the land belongs to them. what is the guarantee that they will get the flat after paying rs 10 lakhs. after taking ten lakhs the society may ask them to pay more. the society is encroached by a land mafia builder. what to do in such case. can a agreement in 10 rs. stamp paper will help protect the old members
kumarjainn
(Querist) 08 September 2012
sir
I feel that those members who are interested in flat they should be given flat as decided in AGM but it should not be binding on those original members who are interested in plot. they should be given plot. It is not a big issue which has to be accepted by all the members on the ground that majority of members are interested in flat . if it is argued like this can we get success in supreme court. is there any ruling.
