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Kiran Pande (Marketing Consultant)     13 November 2010

Minority versus majority in the redevlopment of the society

serious problems in re development of our society.

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 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 apprehension is:-

1/ Should we sign the consent affidavit?

2/ What legal course should we take, how to proceed to save our property rights of a life long preserved asset and that we get fair and safe deal when the managing committee is overriding we in minority?

Please suggest some good  lawyer in Mumbai for this purpose.

Your guidance will be highly appreciated.

Kiran Pande
Chembur, Mumbai
Cell: 9920991661; E mail:kiran.c.pande@gmail.com



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