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Shiv kumar   09 June 2022

Developer issues- redevelopment

There are total 6 flats in our society. The developer has bought 1 flat.

3 members do not reside in the society have mostly sold their property to the developer or with him for redevelopment.

The main issue is no resolutions have been passed for redevelopment.

He has not been appointed as a developer from the society.

The builder has also obtained conveyance from the previous builder, but the same is not reflecting in the property card

The builder is forcibly telling us [ 2 members] to sign on the consent letter.

Our relatives have asked us to sign only on the Development Agreement and on the Individual Agreement which needs to be registered.

What is the Legal course of action?



Learning

 8 Replies

Kishor Mehta (CEO)     09 June 2022

There is a fixed procedure to be followed in redeveloping a property. Development agreement need be signed only after the due legal procedure is followed and assurance of alternate accomodation agreement is stamped, signed and registered.

Dr J C Vashista (Advocate)     10 June 2022

The builder is stated to have purchased 4 out of 6 flats from another builder and asking consent of rest of the 2 owners of flats.

How does a "resolution" is required / involved ? 

What type of society is opertive for 6 flats ?

Why they (consenting owners) have opted for redevolepment and what is the pretext for rest of the 2 flats owners to decline their consent ?

Is it possible / practical for builder to compel non-consenting owners to sign the agreement for redevelopment /

Kishor Mehta (CEO)     10 June 2022

In this case the remaining two flat owners become co-owners of the property. Builder can not force or compel them in any manner whatsoever. Every decision has to mutual. 

Shiv kumar   10 June 2022

It is a registered co-operative society formed in 1990.

There were only 6 flats . Basically 6 members.

My main question is if a builder has bought 4 flats out of the 6 flats from the society members and not any other developer, what is the legal course of action for the other 2 members.

He has been forcing us to sign on the consent letter for redevelopment.

P. Venu (Advocate)     10 June 2022

In many a case redevelopment is a necessity for more than one reason. Why you are opposed to redevelopment?

Kishor Mehta (CEO)     10 June 2022

According to the current Bye-Laws of CHS in Maharashtra; (a) if the builder has purchased four flats in one name he will have only one vote hence he will be in minority against the two other flat owners. (b) For redeveopment of the building very specific rules are enacted and redevelopment can proceed according to these rules only. (c) The other two flat owners should not bow down to any pressure tactics of the builder their ownership rights are fully protected.

Shiv kumar   10 June 2022

Any legal action that be taken on the developer in the High Court?

Also how can one find the exact status of the property/ flat?

 

 

Dr J C Vashista (Advocate)     11 June 2022

Legal question:

1) Can 6 members form a Cooperative Housing / Group Housing Society in Maharashtra ?

2) Whether one person can purchase 4 out of 6 flats under the provisions of Maharashtra Cooperative Societies Act, 1960 ?

2) The 4 out of 6 members stated to have sold their flats to builder, consequently all 4 have "no" share / vote in the CHS, shall the Cooperative Society of 3 (one vote of builder + 2 others remaining voter) members survive in terms of Maharashtra Cooperative Societies Act, 1960 ?

3) In the absence of quorum can 3 members can constitute GBM / SGBM to adopt / reject any resolution / agenda ites(s) ? If so, under which provision of law ?

 


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