• What actions can be taken if the society members are not letting us complete our renovation work

I am living in 4 story building on 1 floor 4 flats are present in which i am living on the 2nd floor from past 25years with same people in which last year i bought the 4th floor pent house and i started the work from nov-22.Its been a year and yet i have not completed the civil work of as the members of the society are again again stopping us by doing meetings and giving notices to the municipality then general association notices of illegal construction on comman terrace which is not as i have the whole right and the pent house was made by the builder and all the members know that as they all are also living from past 25 years.Now they have given us a new notice of submitting all the documents of my flat that yhe construction is legal the pent house is legal and dastavej and all so is it necessary to provide the documents to them and what legal actions can i take against the members as they are not letting me complete my house renovation work.
Please guide 

Thank u
Asked 2 years ago in Property Law
Religion: Muslim

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4 Answers

Dear client,

Sorry to hear about your situation. Property rights and building codes are controlled by housing society bylaws and local municipal laws. Although it's a good idea to work with the society, you are usually not needed to provide any more paperwork than what is necessary by law. The Real Estate (Regulation and Development) Act, 2016 (RERA), which describes the rights and responsibilities of both builders and buyers, is a legal resource that you can consult. Your development should be regarded as lawful if it follows the original building design and has municipal approval. Under the Co-operative Societies Act, you may pursue legal recourse if members of the society harass or hinder you. The Maharashtra Co-operative Societies Act, for instance, forbids deliberate hindrance of legally permitted operations when it comes to section 91.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If they have issued a legal notice, you may see what are the allegations they have leveled against you and under what provisions of law they demand the documents as well as mentioned that the renovation is not permissible.

You issue a proper reply notice denying their allegations and file a suit for permanent injunction against them restraining them from creating obstacles towards the renovation work and from interfering in your peaceful enjoyment of the property.

You may discuss with your advocate and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Furnish all documents in your possession 

 

2) file suit seek injunction restraining g society from creating obstacles in completing renovation work 

 

3) take the plea that no structural alterations have been carried out 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- As per law, a society has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, every individual member has sole ownership rights over his property, and no one including a housing society has right to stop the renovation work .

- Hence, the said act of society is against the law , and hence you can file a complaint before the Registrar against the society.

- Further, you can get restrain order from the court after filing an Injunction suit against the society and the said members. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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