Sucheta Tripathi 21 June 2026

Adjudication of development agreement

We are Apartment Owner in old apartment consisting of 6 members. 1. One of the members has not signed Development Agreement. Now the DA has to be given for adjudication. Can the DA be adjudicated if one member has not signed the Development Agreement? 2. The DA has a clause that any 1 member cannot cancel the DA. Can the DA be adjudicated on the basis of this clause with signature of 5 members. 3. DA being registered agreement, is it necessary that all members should sign the DA before adjudication or members can sign the DA at the time of registration / execution at Registrar's office. 4. There is a resolution passed by majority resolving that President and Secretary are authorized to sign the DA and any other document on behalf of condominium. Can the DA be adjudicated on this basis?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 June 2026

Yes, it can be adjudicated, but registration will face a major legal hurdle depending on how your apartment is structured.

This depends entirely on whether your "condominium" operates under a Cooperative Housing Society (CHS) structure or a Deed of Apartment (Condominium) structure:

If registered as a Cooperative Society: In many states (like Maharashtra), if a General Body passes a redevelopment resolution by the legally required majority, that decision binds the minority.

The President and Secretary can sign on behalf of the society. If registered as a Condominium / Apartment Association: Each of the 6 members owns a specific, undivided physical share in the land (UDL).

A majority resolution cannot forcefully strip an individual of their private property rights.

The Sub-Registrar will heavily scrutinize this and will likely refuse to register the transfer of development rights for the entire property unless all 6 title holders sign individually or grant a specific Power of Attorney.

What to do next: If the 6th member is completely uncooperative, proceeding with redevelopment via 5 signatures will stall your project at the municipal planning or construction stage (when seeking the Commencement Certificate).

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