• Change of flat structural opposed by co.operative society

Hello,
I purchased flat at Nagari Nivara at Goregaon East near IT park in Jan 2019. I renovate my house in that I slightly change done in my bathroom structural.
But my Society opposed that i.e change in my bathroom structural and because of this point they deny to give us the share certificate.
My question was Can Cooperative Societies has power to deny the share certificate to the member at the time any structural change done in flat by member???
plz reply
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

  1. Have they disqualified/debarred you from membership of society? It's only when you are so disqualified or debarred, that they can deny you share certificate. 
  2. Further, there's a certain procedure to be followed to disqualify or debar a member. MC is not legally empowered to do so at it's own whim and fancy. 
  3. Hence, you must visit me for exhaustive consultation and stating all the facts, so that I can advice you appropriately and intiate appropriate litigation against the MC. I'm based in Mumbai/Navi Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

1.  Making ANY type of changes (deviation from original plan) is an prosecutable offence under the BMC Act, MRTP Act, Fire Act.

2.  HOWEVER, the Society has no authority to direct /instruct you in the above matters and should be informing the BMC about the changes or whatever.

3.  Society CANNOT stop the issue of Share Certificate on ANY ground to its members and Society shall be committing offence of negligence & harassment, under the Consumer Protection Act.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1) you cannot carry on structural alterations in your flat 

 

2) if you refuse to rectify the same society can sue you to remove the alteration made and restore bathroom to original position 

 

3) society is using your share certificate as leverage 

 

4) you can complain against society failure to hand over your share certificate to registrar 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello, 

Yes the do have the said power if you act against the bye-laws of the society. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

See as per the bylaws of the society and sale deed no structural change in society is permitted , if any damages due to the change occurs you need to pay same though the society cannot deny the share certificate due to same you can file a complaint for same before the registrar of the society. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No it can't deny you certificate. If there is no structural change affecting the beam and main pillars of building you can do so without permission of society

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Minute structural change and change inside the flat is not the business of society and major altercation also permissible with the permission of municipality. Complain to registrar, last resort through civil suit in cooperative society court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes society can deny the share certificate but you can file suit against society if renovation doesn't have any adverse effects on the structure of building.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can file complaint to Cooperative Registrar for issuance of share certificate.

After complaining Cooperative Registrar shall direct to issue share certificate to you

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Structural changes are not permitted, it will be considered as deviation to the original approved plan.

The society has its right to implement the bye laws in this regard.

You may re-alter the changes and apply for share certificate.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This is my response to you:

1. Did you take permission of the society, the MCGM, the architect? or the other authorities?

2. Did you alter any beam or column of the building structure?

3. Please discuss full facts;

4. If you have not altered the original structure of the building then the society cannot refuse you the share certificate;

5. Consult a local lawyer, with full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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