Legal Question in Real Estate Law in India

redevelopment of co-op hsg society

i member of hsg socity consisting of 36 members. society decided for redevelopment all the 35 members are agree except my self , i also want redevelopment but it should be as per the procedure laid by act and committee even refused to give details of minutes of the meeting they not involved us in discussion with builder and now they are signing mou , other members are agreeing beacuse of lack of time , knowledge and do not want to spoil the relations and after consulting friends and well wishers all are of the opinion that i will not succed due to majority is in favour of committee. please advise, if the procedured adopted is not as per the act and i think that is fear they have for not providing the required documents.


Asked on 3/24/09, 8:01 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: redevelopment of co-op hsg society

There is no procedure laid down in the Co-op Societies Act for redevelopment.

If the transaction concluded by majority is not in the interest of the Society, anyone can challenge the same. However, person challenging it will be required to prove the same.

In case you have a better offer from other builder, same can be put forth.

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Answered on 3/25/09, 4:35 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: redevelopment of co-op hsg society

Hello.

GOOD EVENING!

I would advise you to act with the majority if you have a good offer from othe builder.

For initiating the legal formalities you need to file petition before the RCS and seek appropriate relief.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

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Answered on 3/25/09, 7:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: redevelopment of co-op hsg society

I would of course advise you to go with the majority. However, you may register your dissent and insist upon the managing committee to follow the law.

If you are not agreeable to the decision of Managing Committee, you may approach the office of Registrar of Cooperative Societies and lodge your protest. You may even file a proper petition before RCS for adjudication of your dispute and seek appropriate relief/directions so that the Society is directed to follow the Act/Rules etc.

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Answered on 3/24/09, 8:51 am


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