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Kiran Pande (Marketing Consultant)     18 November 2010

CAN MINORITY BE EVICTED IN REDEVELOPMENT OF SOCIETY

Dispute between between minority members versus the managing committee on re-developmentof a society:

Minority member's view: Our present dilemma is:

A/ The majority have signed the consent affidavit because of

1/ a fear of the fate of the old building an

2/ they got 30% of hardship money offered by the developer.

B/ Nobody got a floor plan and nobody knows what are they getting in return for their prime property of more than 2500 sq. yards in Chembur facing the garden.

C/ One of the clauses of the consent affidavit says that we can not object/ challenge the agreement.

D/ The developer has said (as per the managing committee letter) that he will give the plan only after signing the consent letter and that we can not change it.

E/ It seems that there is a supreme court judgment that parking space belongs to the society not the developer. However, the developer has refused to give all the closed parking space to the members. F/ In a hurry, as the managing committee got a majority, they registered the agreement with the registrar. There are other lapses as well.

In view of the above, we 4 senior citizens (All ladies) have not signed the consent affidavit and now being
told that we could be evicted and debarred from the membership of the society as per some recent High Court judgment going against the minority who did not vacate.

Therefore, our questions are:-

1/ Should we sign the consent affidavit?

2/ What legal course should we take?

Your guidance will be highly appreciated.



Learning

 1 Replies

Dhaval Shah (Accountant)     29 December 2011

I am sending 2 attachments .Please refer them

I think the will be helpful to u.

 


Attached File : 353583400 rdcircular.pdf, 353583400 housing society redevelopment can not be done even if one member oppose.doc downloaded: 303 times

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