Hi We are 4 Societies intend to Go for Redevelopment Together. All 4 Societies have Different Committees and their Respective Administrative Management. But Now Buildings are getting Dialapated and Substantial FSI is available and we can go for Redevelopment. But there are Few Legal Challenges 1) Convenence Deed is Single Joint Convenience of all 4 Societies and Independent Societies arre Confused wether to Jointly Go for Redevelopment or Go Individually. 2) If Decision is Jointly then How Can Individual Societies do Joint Redevelopment Since it would require Amalgamation of Land and Societies and a Single Governing Body Like Federation or Association 3) If we create a Single Redevelopment Committee then Should We register it as Association or Federation and that Committee would drive Redevelopment of all Societies. 4) To Approach PMC get The Feasibility report and Hold Negotiations with Developers we need to Excersize control over all Societies Jointly and Submit Joint Proposals since after Builder Takes over all these Societies would go and a New One would take over including the New Members. 5) People are WillIng per Section 79 Compliance all 4 Societies are unilaterally agreeing for Redevelopment but Approach as Single Entity which is Registered or Let Individual Societies decide in their AGMs etc and Negotiate on their own is not Clear. Needed Advice on Approach Form Association or Federation registrar with Charity Commission and Then adding all Powers to that Body which would have Members of all Societies.
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You should jointly go in for redevelopment as one conveyance has been executed fir all 4 societies
2) appoint a single builder for cluster redevelopment
3) all 4 societies need to call EGM ,get majority approval for cluster redevelopment,appoint one builder
4) amalgamation of 4 societies has to be done
You can first register an association of societies if you want to go jointly.
Need to get the conveyance in the said matter from all societies the builder can help you in the same
1. prima facie, if an apex or federal society is formed, it will require minimum number of members/societies. I dont think that an apex society can be formed with only 4 members [i.e. the 4 societies]
2. but for any builder it would be economically feasible to construct one single rehab building which can house the members of all the 4 societies. This will avoid sub-division of the land. There is no need for any amalgamation since the conveyance is jointly in favour of the 4 societies. That means the 4 societies have undivided share in the land since there is no separate conveyance in favour of each society.
3. the MC of each society can appoint 1 or 2 representative to be member of the redevelopment committee which will have the representatives from each society.
4. a feasibility report must be obtained first from a reputed valuer or PMC to ascertain the true developmental potential of the land
5. i am not able to understand how the Charity Commissioner is involved here?
Single Conveyance = Joint Ownership:
Since the land is jointly conveyed to all societies, any redevelopment must be a joint process, unless partition or segregation of land is done (which is complex and usually not feasible).
Joint redevelopment is legally possible and advisable. The societies should register a Federation, vest it with powers for redevelopment, and proceed collectively. This ensures legal clarity, negotiation strength, administrative efficiency, and proper protection of members’ rights.
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Four housing societies with a single conveyance deed for all can opt for either joint redevelopment or individual redevelopment.
The decision depends on factors like member agreement, feasibility, and potential benefits.
Joint redevelopment requires amalgamation into a single entity, while individual redevelopment allows them to proceed separately.
A clear agreement outlining the terms of joint redevelopment, including FSI (Floor Space Index) usage, is crucial.
Hello,
Dear Sir/Madam,
You are suggested that an association of federation is formed form the members of all the 4 socieities, thus having representation of all and then give powers to this association for doing the needful of all the societies together.
Dear Client,
The Factual scenario in the present instance is quite complicated. Generally, when multiple housing societies hold land under a joint conveyance deed, redevelopment is required to be undertaken jointly. Hence, a single housing society cannot unilaterally redevelop a portion of undivided property. The best way to proceed with this, is to form a registration federation with the representatives of the housing societies, and jointly proceed with PMC and the developers.
Legal principle: Section 11 of the Maharashtra Co-operative societies Act, 1960 allows for the formation of a federation of societies to manage common affairs.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Recommended Approach:
All 4 societies will be members of this Federation, and will have legal entity and power to act on behalf of all. (Federation to be registered with Registrar of Co-operative Societies).
Summary:
Joint Redevelopment to be taken by formation of a Federation, with all 4 societies as the members of the Federation. Federation to act on behalf of the societies and post-redevelopment, existing societies to be merged into a single society.
