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rangnath.kulkarni (nil)     28 April 2022

sale of whole property of chs in Mumbai

I am a member of CHS Ltd.in Mumbai.It has20 members.It is very old bldg.19members of the society agreed to sale their flats to one party who wished to buy it with the plot on which the building stands. What are the legal fall outs if 19members agree to complete deal leaving alone the member who does not want to sell his flat.


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 2 Replies

Sai Krishna   28 April 2022

Dear Querist,

In the above-mentioned case, you are selling the building along with the plot which is a jointly owned property. No person can sell a property that is jointly owned without the consent of all owners. If done so then the person can file a suit challenging the sale and can also file a suit under cheating and misappropriation of property. Here in the above-mentioned scenario, all 19 owners can individually sell their flat to a single person without the consent of others but as it involves selling the whole building along with land it comes off as a jointly owned property. Section 44 of the Transfer of Property Act, clearly states that any sale of a jointly owned property must be done with the consent of all co-owners involved. Thereby you can’t sell the property without the consent of that single member and if done so would be liable to face legal consequences

 

Thank You.

Advocate Y.K. Mehrotra (Advocate)     28 April 2022

The solution is to undertake the reconstruction of the society rather than initially selling it out. If the land belongs to MHADA then MAHADA ACT 1976 shall apply and under Section 95A the Board can issue a vacation of premises and the solitary member has to follow.

Such view has been taken by Bombay HC also in a reportable judgement.

Rest all depends on how good a negotiator is your advocate is. I have seen personally change of tone within seconds.

 


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