I have purchased office in mumbai (maharashtra ) on ownership in co-op society. Its two units there is common partition wall which i am desirous of removing it. As i have to apply society to seek permission for repairs and renovation unit and have paid them security deposit of Rs. 1 lakh and my share certificate is also in process with them for change of name.The committee members of the society are not allowing me to remove the wall stating it compromises structural stability of the building as it is more than 50 year old building, There are many other units in the building who have removed the wall in the past and enjoying combined units. I have also provided society structural engineer certificate from a paneled engineer of MCGM who has clearly mentioned that being a RCC structure there is no harm to the structural stability of the building. But society is still not co operating on this . Is there any government body who can help me on this or any legal way of doing this.
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First get share certificate transferred in your name
2) then carry out necessary repairs
3) if society refuses permission to remove partition wall then take legal proceedings against society to permit you to remove wall
4) enclose structural engineer certificate
Write to the district deputy registrar of cooperative societies complaining against society inaction and bias
You can directly demolish it as you don't need permission once you have submitted everything. If you can't demolish you need to approach court for the same.
Society is just the custodian of the entire buildings.
If you have obtained permission from the local civic body for this on the basis of the report or certificate by the structural engineer then you may proceed with your proposal to remove the same ignoring the objections of the society.
you can demolish partition wall but Before you demolish it you need to seek permission from the concerned muncipal department and then demolish it.
Hello,
If the society bye laws does not provide a change in structure then you can not do the same without court order.
You may move to the civil court and file a suit of injunction and take order that you be allowed to remove the said wall.
Regard s
It`s your unit, break the wall and get it renovated if society is not cooperating. You have report of engineer in your defense. Let the society take legal action than you submit your defense.
Or can approach to society registrar.
You can file a court case for issuing the Mandatory Injunction to society committee for giving you permission to remove the wall for that you need the report of engineer which says that it is safe to remove the wall.
