It is noted that the land admeasuring approximately 7,750 square meters has been conveyed jointly in favour of “Sanghavi Towers ABCDE & F Co-operative Housing Societies Ltd.” under a joint conveyance deed, with approximately 2,350 square meters forming the built-up portion and the balance 5,300 square meters being open area. The 7/12 extract entry has not been effected due to pending issues with the Eastern Investment Corporation in the Mira Road, Thane jurisdiction.
E and F Wing Societies are of the view that redevelopment can only be undertaken jointly by all four constituent societies as the ownership of the land is undivided. It is further informed that A&B Wing and C&D Wing Societies are proceeding independently to appoint a Project Management Consultant (PMC) and to initiate steps for appointing a developer, without concurrence of E and F Wings, and despite written objections raised by your societies. It is also understood that the PMC being considered has a tainted or questionable background, which raises serious concerns.
Based on the facts provided, our opinion and recommendations are as follows:
1. Joint Ownership and Indivisibility of Land:
The conveyance deed executed in the name of Sanghavi Towers ABCDE & F CHSL clearly establishes joint ownership of the land amongst all four societies. The land, being undivided and jointly held, cannot be subject to any independent redevelopment by a subset of the constituent societies. Any such unilateral action would be legally untenable and void ab initio to the extent it purports to affect the joint property.
2. Necessity of a Joint Federation / Apex Body:
In order to facilitate lawful redevelopment, all four societies must form a Federation or Apex Co-operative Society representing Sanghavi Towers ABCDE & F CHSL. This federation must be duly registered and recognized as the single legal entity corresponding to the name mentioned in the conveyance deed. Subsequently, the entry of such federation should be made in the 7/12 extract to establish clear title and administrative continuity.
The federation should adopt by-laws ensuring that major decisions such as appointment of PMC, selection of developer, acceptance of offers, and redevelopment agreements are taken only with the consent of all member societies, with equal representation and voting rights, regardless of the size or number of flats in each wing.
3. Invalidity of Unilateral PMC Appointment:
Any PMC appointment made by only two societies, without the consent and participation of all joint titleholders, would not have any binding legal force upon the jointly owned land. The same can be challenged as ultra vires and beyond the authority of the participating societies.
4. Immediate Steps Recommended:
(a) Issue a legal notice through an advocate to A&B Wing and C&D Wing Societies, as well as to the concerned PMC, clearly stating that:
The land is jointly owned as per the conveyance deed.
No individual society has the authority to undertake redevelopment or appoint PMC independently.
Any such appointment or agreement would be treated as null and void.
E & F Wings reserve the right to initiate appropriate legal and regulatory proceedings.
(b) File a complaint before the Deputy Registrar of Co-operative Societies, Thane (Mira Road Division), under the Maharashtra Co-operative Societies Act, 1960, seeking:
An immediate injunction restraining A&B Wing and C&D Wing from proceeding with PMC or developer appointment;
Direction to form a joint federation or apex society as per the conveyance deed;
Inquiry into the legality of the proposed PMC appointment.
(c) Inform the concerned municipal planning authority (Mira Bhayandar Municipal Corporation) in writing that redevelopment permissions, NOCs, or TDR approvals should not be processed for partial or independent redevelopment of the joint plot. Attach the conveyance copy to substantiate joint title.
(d) Engage an independent PMC or legal consultant jointly by E & F Wings to prepare a technical and legal report establishing that redevelopment must be carried out as one composite scheme and not in fragments. This report will strengthen your representation before the Registrar and municipal authorities.
5. Formation of Federation and Amendment of By-laws:
E & F Wings may immediately initiate the process for forming the Sanghavi Towers Federation of Co-operative Housing Societies Ltd., ensuring that the federation’s by-laws provide for:
Equal representation of all four wings on the managing committee;
One vote per society in key decisions (not based on the number of members or flats);
Collective consent for any redevelopment, PMC, or developer appointment;
Transparency and accountability in all contractual matters.
Once registered, an application should be made to the City Survey / Land Records Office to record the federation’s name in the 7/12 extract to reflect the true ownership in line with the conveyance deed.
6. Remedies if Unilateral Actions Continue:
In case A&B Wing and C&D Wing continue to proceed despite objections:
You may file a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 before the Co-operative Court seeking a stay on the PMC appointment and redevelopment proceedings.
A civil suit for injunction may also be filed before the competent civil court to restrain any act affecting the joint ownership or redevelopment of the property.
Public notices may be issued cautioning third parties (PMCs, developers, or agencies) against entering into any agreement or incurring expenditure based on unauthorized decisions.
7. Preventive Action Regarding the Tainted PMC:
Include in your representation a specific ground that the proposed PMC has a questionable track record and that any engagement without due diligence and without consent of all co-owners will expose the societies to financial and legal risk.
8. Consolidated Way Forward:
Issue immediate legal notices to the concerned societies and PMC.
File representation and complaint with Deputy Registrar (Co-operative), Thane.
File notice with MBMC planning authority.
Commence process to form Federation and amend by-laws.
Keep all correspondence and objections documented formally and acknowledged in writing.
Conclusion:
In view of the above, any redevelopment or PMC appointment without participation of all four societies would be contrary to law, invalid, and unenforceable. It is imperative that all constituent societies form a joint federation in the name mentioned in the conveyance deed, register the same in land records, and proceed jointly for any redevelopment. Until then, unilateral actions should be restrained through formal legal process and representation before the competent authorities.
