Legal Question in Real Estate Law in India

Background:

Ours is a Co op Society formed in 1982 but the Conveyance of the property is not done and is under litigation with the Developer.

The Society comprises of 3 separate building of there diffent sizes and located at three different locations within a common Plot.

1) There is a building called Commercial Centre having 3 shops and 6 offices.Thereby having 9 members

2) There is a U shaped buiding which has 5 wings called A,B,C,D,E and

consists of 60 Members.having total of 60 flats.

3) There is a separate building called F wing which as 24 flats.

All Members have been part of a single co=op society so far and there is a Managing Committee which consists of one Member from each wing but the majority lies with the Members from A to E wing due to their number of flats.

I have following questions:

a) Can each building form its own society and get the conveyance of the land and building occupied by it from the Developer?

The common areas can remain common for all the three societies and each wing having the share in the common areas as per the areas occupied by each wing.

b) If there is no provision in law to make three different societies within the same complex then:

Can each building be allowed to maintain its building and manage water supply from contributions from the Members of individual building only.Thereby not contributing or utilising money for Special Repairs and Painting of Buildings while contributing to funds needed for maintaining common areas.

c) In case a as well as case b since the majority of Members are from A to E wing they are not agreeable to this kind of setup.

Can the Members from F wing approach the Registrar for help and is there a provision for Registrar to override the objections from Ato E wing.The problem is that all decisions have to be passed by a majority of Members present in the AGM and if the majority is from A to E wings there is no way F wing members can get anything approved concerning them.

d) The three buildings have separate water tanks and three separate water lines coming from the main line coming in the society.

The BMC says the internal distribution of water is Societys problem.

During water shortages can each building order additional water tthru water tanker suppliers on its own?

The MC does not order the water tanker of other wings as and when required and is not allowing other wing members to order though F wing Members have offered to pay also.

e) The Members of F wing has requested the MC to allow them the management of water,security at their entrance and Repairs and Maintenance including External Painting of its wing by contributions from members of Fwing only.

We expect that the MC will not accept this proposal because of their numerical majority and may refer to AGM but again there the proposal wud be defeated because they have the majority.

f) Can the F wing approach the Registrar and does he have the powers to ask the MC to allow Fwing to maintain and mange its affairs?Of course the Fwing Members are ready to paas a Resolution to this effect.

Thanking you in advance

regards

kkbhatia

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