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mk (xxx)     02 October 2023

Regards to redevelopment of building

A building is in a prime area with 13 flats and 2 garages.6 flats had taken a token of 11 lc each agonst outright sale .that builder has also purchased a flat in the same building. This was 6 years back .the builder has been behind the bars ever since after the PMC bank scam.the secretary and chairman are trying to give it to another builder for redevelopment .we are a flat who has not taken any taken.and feel that redevelopment is risky .what is the option as put of 13 flats most of them agree for redevelopment and that forms a majority 

What do we do as the secretary has hinted that when majority is for it ,we don't need to wait for others approval.kindly help as to what should be done as in 7 days there is another meeting and they wud ask us our consent. Also can the society give it to another builder as all had put up thr point and they said that the new  builder will deal with all affairs ...plz confirm as to what should be done .thanks in advance for your guidance


 5 Replies

Declyn Gomes   02 October 2023

Dear Sir,

If you have already entered into a registered sale deed with the owners and all the documentation is in order, the first step would be to file an injunction suit against them. Once you file the injunction suit you could receive a temporary injunction from the Court  whcih could protect your rights and interests during the pendency of the suit. This could eventually result in the Court granting a permananet injunction. Do contact me if you require any legal assisstance. 

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

As per the new rules of redevelopment of society the managing committee should convene a special meeting of the members to discuss the redevelopment project. The bye-laws state that 75% of the total number of members should be in agreement with the redevelopment project before it can be officially undertaken.

A single member do not have any legal remedy to stop redevelopment project.

So the only remedy single member can use is to turn consent of other members on personal level.

mk (xxx)     03 October 2023

Dear Sir 

We are afraid as they have already taken token from one builder ,they are also not ready to share with us the mou copy .they say that we will take care as we have consulted lawyer .we spoke to a few builders they said they are not interested. However since two builder personally knows the secretary he says he is giving a good offer he says we all should do .he will handle all affairs .they are also not ready to wait to see and try for other builders .they want to finalize soon and says building is old .....

Dr. J C Vashista (Advocate and Legal Consultant)     04 October 2023

What are facts of the case vis-a-vis your problem and query, I could not follow.

mk (xxx)     04 October 2023


6 out of 13 flats had taken a token from a builder 6 years back who is behind the bars now against an agreement of outright one from the builder side has approached us .the members have the mou documents but not willing to show it to us 

The builder also has purchased a flat in our building 

Can the society give it to another builder for redevelopment now ?what should be the procedure ?

Our building secretary says the new builder will Handle it if any issue .kindly let me know as we had not taken any token .so what should be done .the secretary says if majority agrees we Wil go for redevelopment so all the 6 members are like a team. Plz advise 


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