legal expert opinion on following issues.
1) Committee without proper process has chose builder to redevelope the one society. (Builder has originally build society in 1982/1981)
2) Total plot area is about 77,000 sq.ft. in which, in half part, there is concern society constructed on 43,000 sq. ft. long time back and some members of society is ready and given assent to committee to redevelope the scheme.
3) In other half part there is bunglow of plot owner in about 27,000 sq. ft and one other small scheme in that part about 5000 sq.ft. Bunglow (Niwas) has filed petition for deemed conveyance asking for 70-80% as they have larger land coverage.
4) Owing to such scenario the society has asked for NOC for negotiation and abiding to sign necessary documents for redevelopment. There has not been offer letter by Builder given to society members. Committe states its difficult to get an conveyance
5) And the Owner is also reluctant to execute the Conveyance Deed to the concern society. As he came to know the fact that concern society is tryring to redevelope and he is desirous to get share in that redevelopement.
6) The present society constructed 30 years back and the occupant of said society residing from many years in that society.
7) Meanwhile the owner has field petition against builder as they have entered into negotiation without having his consent (as he has 5000 sq ft un-constructed).
8) Many people are in doubt and a small minority as opposed this extreme step of taking NOC from members
My queries is as follows:
1) Can we execute Deemed Conveyance Deed in favour of society without Builder as well as Owner. However Niwas has asked for 70-80% where their proportion to built up is 44%. Can Owner play with law to hold conveyance
3) Can we redevelope the said society without any constravesy or hurdle by owner or Builder or Niwas opposing redevelopment.
4) In such circumstances, what rights will be availabe to the Society (Flat Purchasers) about Deemed conveyance or redevelopement or any other rights from owner or builders.
Please guide me with comprehensive evalution with in the light of all legal as well as technical consequecnes.
I will be very thankful to you for the same.