• Society registration without builder's consent

A co-operative society has been formed for an small apartment complex which had a corresponding registered Apartment Condominium registered. I as a builder declared and registered the apartment complex unable to understand why the society was registered without my consent or even intimation
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Hello,

Challenge such registration before the registrar and say that the said registration is illegal and the body has been formed without your consent.

Contact a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once a condominium is registered cooperative society cannot be formed

Registrar ought to have issued you notice before registration of society

You will have to take legal proceedings challenging order of registrar

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Well, its not clear whether all or majority of flats have been sold out and possession has been handed over or not.

If yes then you don't have any rights,title or interest remains in the property anymore in which eventuality the flat owners are also no more under any obligation to inform you or to seek your further permission.

Please note the developer may have role or involvement in forming the society ir association if he retains the duty of managing the maintenance of all flats till such body is formed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

When there was a registered condominium already functioning, this co-op society could not have been registered.

Contact a local lawyer to challenge its formation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Section 10 of the Maharashtra Ownership flats (Regulations of the Provisions of Construction Sale, Management and Transfer) Act makes it obligatory on Promoter (Builder to submit proposal for registration of a Co-operative Housing Society, within a period of four months from the date on which the minimum number of members required to form such a society have purchased the flats. Yes, a Co-operative Society can be formed even if the builder does not co-operative. In such a situation a notice should be issued to the builder. A copy of such notice has also to be sent to the Dy.Registrar / Asstt. Registrar of the concerned ward with a request to call upon the builder to explain his stand on the above and matter. The minimum number of members required to form a Co-operative Society is ten. However societies can be formed with less than ten members after obtaining the permission from the Competent Authority. The Government’s Agriculture & Co-operation Department has by its Circular No. CCSH-C[deleted]c dated [deleted] laid down the criteria or exempting Co-operative Housing Societies with less than ten members. The consent of a minimum of 60% of the total number of flat purchasers is required to form a Co-operative Housing Society.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) No he can't do like that if you have 10 flats remaining on your name. You can sell those flats.

If he is not listening than you can go to registrar and explain the situation. And you have not object on forming the society and have cleared all dues.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You don’t need society NOC to sell flats

2) you are at liberty to sell the unsold flats

3) take legal proceedings to set aside registration of society

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

File a complaint before the District Registrar of the local jurisdiction, who has all the authority to control the activity of the society and has the right to restrict the society in case of any mischievous act.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Best was forwards has been advised alternatively you can file a civil suit for permanent injunction in the civil court of your jurisdiction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If as a builder you have completed the constructions and handed over possession of flats/apartments to the buyers/owners, then the owners/members can form a society on their own and can demand you to handover the common areas and all other appurtenances to the society.

You cannot raise an objection to this neither your consent may be required by the society for this.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The threats of the chairman of the society is illegal and invalid.

The society is not the owner of the unsold flats/apartments.

If the disputes are solvable then you may put efforts to solve them amicably or you can drag them to court for relief and remedy by filing a suit for mandatory injunction against the society and also seek stay of the functions of the society for this illegal act.

You may discuss with your advocate in details about this and take proper decision at the right time.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Without seeing the documents which are most import I cannot reply. The objectives of Society are more important to advise you properly. Please share my details for the administrators of this website and send documents.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer