Legal Question in Civil Rights Law in India

A plot owner housing society Reg in 1965 having owned plot and got permission to build two building by Municipal authority. i.e. Building A and Building B. in 1972.

Building A completed got OC and all members of the Society occupied flats.

But for building B they appoint builder and agreed that he can sale the flats in Building B and agreed that either they may accept the purchasers of flats of Building B as their Members or plot will subdivided. But nothing was done.

Purchaser of Building B formed their own society(Reg.)and running it till date. However the ownership of land remain with the original plot owner society. (No title with B)

Now both building are very old and both the society members want to redevelop

ment jointly.

Please guide us (Building B) who to go further as they do not have title.


Asked on 3/02/14, 7:11 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.03.2014

Dear Sir / Madam,

Since the redevelopment of both the buildings on the plot is going to be taken up jointly and simultaneously, I see no problem in Society B according their consent to Society A for joint redevelopment. If for any reasons a majority of the members of Society B are not comfortable with joint redevelopment, Society B since independently registered, should independently apply to the Brihanmumbai Mahanagarpalika (BMC) for demarcation and sub division of the plot.

Regards,

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Answered on 3/03/14, 6:44 am


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