Legal Question in Real Estate Law in India
I live in a Building in Mumbai. This building has only 8 flats . I understand that a coop hsg soc can be formed by 8 flats also only if special permission is taken from mantralaya. however my question was if 3 flats do not agree even to this special permission then can a coop hsg soc still be formed?
Also if three flats do not agree can remaining 5 flats form an association of flat owners under the maharashtra act . If yes then will the other three flats have to abide by the rules of this flat owners association formed by 5 flats?
2 Answers from Attorneys
With 8 or 5 members, a society can not be formed.
No society can be formed without sufficient members and no local body give permit to form a society.Even if its formewd you are not going to come under its purview and for every action taken by the society you 3 flat owners shall become a reaction.
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