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dhaval s (nil)     03 June 2015

Can apartment be converted to society against owners will?

Hi:

I am staying in an apartment flat in ahmedabad. The entire space consisting of 14 units is registered as an apartment in the revenue records and same was the case when builder executed the deed.

Now after 20 years, few members want to convert the APARTMENT ownership into a SOCEITY ownership by registering it a society with the registrar. Can anybody take away the full ownership of my apartment without my consent and form a society? Do all members of the apartment (all 14 ) consent is needed to form a housing Society or only majority consent is needed?

Will my full ownership be shifted from Apartment to Society against my will and consent?

We still dont have a registered apartment association.

 

Please guide

Regards

Dhaval S



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2015

1.  Membership of ANY cooperative Society in India is on terms of "Voluntary Membership". and NOBODY can be forced to become a member.

 

2.  IF the said Flat is a ownership Flat, THEN the Flat-owner can simply refuse to become member of the Society AND YET continue to own and leave in the building WITHOUT COMPROMISING   "ANY' OF HIS RIGHTS, WHATSOEVER.


Keep Smiling .... Hemant Agarwal
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Shantilal Pandya ( Advocate)     03 June 2015

you have discretion whether or not to join as a member of the  proposed Society 

 

dhaval s (nil)     03 June 2015

Thank you for the help...


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