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redevelopment of dilapilated building

(Querist) 04 November 2008 This query is : Resolved 
There are total 32 members in a society out of which 30 members have given consent to redevelop their society as well as the society has signed development agreement with the developer. But at present 2 members are opposing to redevelop the society. As a Developer I want to know what will be the legal remedies against those 2 members and the procedure to file suit against them.

Thank you
Shyam Ji Srivastava (Expert) 04 November 2008
Dear Neelam,
As society has signed the agreement hence No member can oppose the same. Developer can file suit for INJUNCTION on the basis of breach of agreement.
smilingadvocate (Expert) 04 November 2008
First see whether the society is registered or not and that whether there any byelaws or not if it is an registered society I agree with our friend sri Shyam ji but in other wise it is not possible and I suggest you that as you said it is in an dipaledated builiding if you dont even agree as per themunicipal laws the developer or theother building ownwer can seek that the building tobe demoslished if at all u are not willing for development ur entitled to the undivided area as mentioned in your sale deed
K.C.Suresh (Expert) 06 November 2008
The memorandum of association, the bye-law of the aociety are important documents to be verified by lawyer before giving a legal opinion. But that will be difficult for you. So go through the bye-law there will some clauses which mandatorily details Who to be sued and who represents the society. Another aspect is how a decision is taken is also will be specified in the bye law. You try to get one from the registartion office or from the 30 who stands for development. Meet an lawyer or ask to this forum

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