Call a meeting of al flat owners
pass resolution with majority vote for redevelopment
if 4 th owner refuses to cooperate obtain court orders to direct flat owner to vacate flat and contribute funds for redevelopment
Reconstruction of Block of 4 apartments
In 1990 FOUR members got allotment of ONE flat each in a BLOCK of 4 flats from Housing Board, Hyderabad under SELF FINANCING SCHEME. The flats deteriorated in quality as time passed on. We (all 4) flat owners of Block approached the TSHB in 2017 for reconstruction of our BLOCK using TOTAL UDS allotted each . Due to inaction of Board we approached NHRC in 2021. Per order of the Commission the HB clarified in 2023 that the owners of flats are free to take decision as they are absolute owners of the flats. One flat owner who is party to the petition of 2017 and also appeared before in NHRC in 2022 now not agreeing for reconstruction. What is the course of action to be take by remaining 3 flat owners (out 4 flats) at this stage.
Asked 3 years ago in Property Law
Religion: Hindu
4 Answers
You can obtain a structural report from a qualified civil engineer about the status of the property and its construction and obtain a report that the restructuring or renovation is imminent in the given circumstances.
After that issue a legal notice to the agitating member demanding him to cooperate with the proposed construction failing which he may have to face the court of law for remedy.
After that you can approach court of law for necessary remedy on the basis of the orders issued by NHRC, TSHB and the structural report by the civil engineer.
Dear client,
If one of the flat owners is now refusing to participate in the reconstruction, the remaining three flat owners may need to consider their options carefully. Here are some possible courses of action:
Mediation: It may be worth trying to resolve the dispute through mediation, where a neutral third party can help the parties to reach a mutually agreeable solution. Mediation can be less costly and less time-consuming than going to court.
Legal action: If mediation is not successful, the remaining three flat owners may consider taking legal action. This could involve filing a lawsuit against the non-cooperating flat owner seeking an order for the reconstruction of the block. However, it is important to keep in mind that legal action can be expensive and time-consuming.
Sell the flats: If the non-cooperating flat owner is not willing to participate in the reconstruction, the remaining three flat owners may consider selling their flats and moving elsewhere. This may be a less confrontational option and could allow the parties to move on from the dispute.
It is important for the remaining three flat owners to seek the advice of a qualified legal professional to understand their options and the potential risks and benefits of each course of action. The legal professional can also advise on the specific laws and regulations that apply to their situation.
You can go against the said person on merits before commission and seek permission for performance & execution of the earlier order
