• Flat re-development case

I am having two flats in my apartment at Andhra Pradesh, our society is Un-registered... as our flat is so old , lies besides railway track and flyover, even lot of debris falling from slab, pillars got cracked, so I requested all the flat members to let’s call up for certified engineer to check the flat life, based on that we can go up for re-developement by collecting equal share of amount., and also there are some illegal construction at our apartment premises which affects our parking and fire&Safety issues., I raised all this point.

We also stated without proper certified engineer approval and demolish of illegal construction, we will be not paying any amount for re-developement.

But without calling us for meeting , one old lady(so called un-elected president) taking mansion opnion and started collected payment from all members, there are few members opposed it, now she filed Pre-litigation case on us at Lok Adalat through Mandal Legal Services Authority for non-payment .



So please advice us further step to be taken and also let us know to solving all issues.


Regards,

P S Rao
Asked 4 years ago in Civil Law

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11 Answers

Pre-litigation begins evenbefore the court process starts and attempts to resolve the case before it goes through court. Pre-litigation can include a financial settlement prior totaking a case, such as a malpracticecase, to a jury

A prelitigation  case before lok adalath can  be negotiated and on mutual agreement  between the parties to be   decided by passing   Award on settled compromise. with out the other party ,it  can not decide .  If  other party is not attending before the lok adalat, the petitoner will be adivsed to approchch regular civil court . it will be recorded that the other party not attended before the lok adalath .There  is  no compelling procedure

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) contest case filed by lady

2) she is not duly elected president has no authority to collect payment form members

3) you are not liable to make any payment to lady as no resolution has been passed authorising her to collect payment from members

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

contact a local lawyer

2) deny all allegations made in notice .

3) take plea that lady was not authorised to collect payments .

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1) yes jury will send notice.

2) If there is an illegal construction then, one can go to the municipal corporation of the city and can lodge a complaint with the proper procedure.

The municipal corporation will send a notice to the residents/owner of the property.

Process of notice....

A notice is sent to the person residing in the illegal construction and is given a time period for reply.

The person is also provided sufficient time period by the municipal corporation for obtaining a stay order from the court.

If no action has been done by the owner then the construction is liable for demolition.

The government has also launched an online portal, through which one can file a complaint against illegal construction.

Apartment Association can also file a complaint with police and take help for prevention of illegal construction.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Client,

You are not bound by the demand of unregistered society , even if some person is acting as chairmen and without resolution passed in meeting, any such memorandum is void.

She lacks locus to file case in court as she is just another owner and not an authority to act on behalf of members association which is not formed yet.

And you can avoid summons of LOK ADALAT, even if you not present in court - no repercussion.

Or present before LOK ADALAT and can deny straight of any amicable solution/mutual settlement.

At lok adatak, court will not go through these issues but only if both party ready to settle dispute amicably.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. First of all that woman (i.e. the self-proclaimed President) cannot be doing this on behalf of the flat;

2. You can complaint to the Registrar or the President of your housing Association;

3. Next step is the managing committee should approach the municipality which in turn can elect a certified engineer to assess the need for re-development;

4. If you all agree then the builder can be called into question;

5. Each one will get a temporary accommodation;

6. Only the official society's managing committee can take decision for redevelopment.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The lady do not have any authority to collect the amount and she has not been authorised by all the member so she does not have an Locus in the case.

Further the pre-litigation case can be settled based on the mutual settlement and agreed terms between the parties so you can deny same. She has no right to drag you in court and no locus.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So to solve the issue either all the members can jointly decide the settlement.

Further deny the contents of the notice further you cannot based on notice take her to the court but can with other members get it settled in lok adalat.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

1) Since the society is unregistered, the action of un-elected president in terms of

a) Collecting monies,

b) Filing a Pre-Litigation case filed against you at Lok adalat

are not valid in eyes of law.

2) You can file a civil suit in local court impleading the old lady and District registrar of Societies as opposite parties and

a) Obtain a stay on all of their activities like collecting monies, Filing cases etc.

b) Also with a prayer to dismiss the pre-litigation case filed in the MLSA.

c) Prayer Directing the other flat owners to form a registered society and

d) Prayer Directing the District Registrar of societies to hold elections to the registered society.

3) Since there are

a) some unauthorised constructions which need to be demolished and

b) that monies of stake holders are involved and

c) also that re-development of flat will result in extinguishment, creation of new ownership,rights, ownership etc under transfer of property act,

d) Building permissions( new construction/ demolition) are involved

e) Infrastructure ( Renewal, relocation etc of electrical, water are involved)

Even Law recognizes the fact that a Registered Society with duly elected management committee of the society along with a team of professionals(builders, engineers, lawyer, Chartered Accountant ) are alone competent enough to complete the complex task of redevelopment of apartment complex in a professional and legal owner manner.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

What is the complaint that she has given before the lok adalat?

In any case you may attend the lok adalat hearing and express your concern about it and dispute her claim, you may justify your grievances before the lok adalat and get the complaint dismissed.

You may take like minded people to the court to support your cause.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Now how to take an action on them, as they send me notice for non-payment, illegal construction in apartment premises, how to take all these issue to court notice.

Have you made any illegal construction in the apartment complex?

If so you may have to defend your interests accordingly.

What is the capacity that they have issued you a legal notice?

If they approach court, you may find it very easy to handle it because this cannot be a matter to be decided by the court in the absence of any registered society, hence you may give a suitable reply and watch the developments.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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