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Kunal lalwani   03 August 2021

Co-operative housing society

I am Living in a housing society which is registered and our society is build 50 years ago or maybe more. Now we want to sale the whole society , but there is a member who is not giving his consent since 10 years, we all know its life threatening to reside here now. Still he is not giving consent and putting other members life at a "Risk".  So, basically my query was "is there any legal remedy for the same?". If yes kindly ping me ASAP. Thank you.


 2 Replies

BHAVYA SOM GARG   03 August 2021

 Hello. Well, the situation raised by you is really very alarming. If we go by your descripttion of the building and sense of urgency in vacating the premises, it is not only a moral obligation, but also a duty of all the residents to vacate the premises as soon as possible.

The first thing you can do is to approach the Municipal Corporation, or the District Development Authority, which is empowered to inspect the condition of the building and issue a certificate as to the fitness of the building. If, upon proper inspection, it is found that the building is actually at a risk, then it can issue a notice mandating evacuating the building to demolish and reconstruct it.

If even then the recalcitrant member does not give his consent, you can approach the district court, or the magistrate to pass an order to forcefully evict the member. If the member contests the order, the matter will reach a higher court, but considering the circumstances, it is highly unlikely that any authority would allow the member to stay in such a building when by doing so, he is endangering the lives of all the remaining residents.

Hope this satisfies your query.

1 Like

Kunal lalwani   03 August 2021

Thank you very much this idea had been in my mind but I was not confirmed that it will work or not. Thank you so much for giving me confidence!

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