Legal Question in Real Estate Law in India

Sir, We have scheme of 122 members society.In 2 acres of land builder intiatialy taken approval for 65 row houses. But after constructing 15 row houses builder changed plan from 65 row houses to 42 row houses and in balnace remaining area he constructed 4 building of 80 flats. Therefore we are now 42 row houses and 80 fats. This is one of the 1 in 100 scheme wherein 80 flat owners are owining obsolete majarity.We are in the process of society formation .Intialy
builder had plan of declaring these scheme as a apartment for individual ownership.But flat people are insisting for society. We as a row house owners are on 70 % of land and we do not have any maintenance as such because we are having light meter, water meter separate and we are reday to share common expenses like security, road cleaning, garden maintenance etc.Flat owners are not transperent nor communicating any thing regarding any maner.Even if any election takes place whole body will be from flat area including chairmen. Flat people will take all the decision by themselves and may put us trouble .In view of complex nature and
still some of the work are pending with builder
we need information
a) Which option is beetter apartment or society
b) can two socities possible in one approved plan
c) or Is it possible to separate two sicieties A and B under one umbrella. Both societies can share common expenses amicably (Upper body)
d) Or let flat people form a society and then row house people can form society afterwards
Please advise
SH Suryawanshi
9922432657

Asked on 9/24/10, 2:17 am

Shrichand Nahar S.V.Nahar, Advocate

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a) Apartment is always better as you own really and virtually the property you have paid for. In case of a Society, you would me merely occupier.

b) If land or plot under multi-storied building and row houses is differently identified, then 2 separate societies possible.

c) Same as (b) above.

d) Same as (b) above.

Answered on 10/14/10, 12:18 am

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