Managing committee of our co-operative housing society is harassing, threatening, torturing to compel me to sign the redevelopment agreement of our completely residential building which they want to make residence and commercial.
Please let us know can a single member object against the conversion of the building from purely residential building to residential and commercial. The commercial aspect will create lot of nuisance we had purchased the flat considering the purely residential feature of the building.
23 of the 24 members have agreed for the residential and commercial plan. However only me have objected from the same. If possible kindly provide with judgments regarding the same.
Our redevelopment procedure has many irregularities and is fully harmful and risky for my rights and interests as a member of the society
2007-10-17 16:56:04 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The managing committee is inducted in illegal malpractices and corruption and have undergone many decisions against the benefits of the society and in favor of developer only. I have registered my objections against the illegal procedure which is completely ignored. My objections with society is not resolved by society even though developer have threatened me to file suit/ writ against me as the society has already signed the development agreement without my consent and signature.
They are trying to file the suit on basis of Indian Contract Law which again according to me is not applicable as I have not given the consent to the society or Developer.
2007-10-17 16:59:16 · update #1
If Any One can please guide whether a SINGLE MEMBER can protest against the conversion of RESIDENTIAL SOCIETY to RESIDENTIAL AND COMMERCIAL SOCIETY through redevelopment.
Our Main objection is for conversion from Purely RESIDENTIAL SOCIETY to COMMERCIAL AND RESIDENTIAL SOCIETY.
BEING a Share holder of the society i suppose I have equal rights in the society and they can not go ahead with my consent.
2007-10-17 18:01:03 · update #2
To change the original status of the residential society to residential-***-commercial society requires consent of all the members of such society. The managing committee of this society has tried to convince you regarding this change in the name of development of the society & forced you to sign this redevelopment agreement, which you refused to do. They have tried threatening calls to seek Legal Avenue against you for forcing you to sign such agreement. Firstly any contract or agreement which is done by force or fraud is illegal & void in the eye of law. Secondly no Constitutional writ as provided under the Constitution of India under Article 32 or 226 be issued against any individual that can only be issued against only government department or government corporations/companies etc. Thirdly, you being a member of the society have legal right to get permanent/perpetual injunction/stay order against any such changes/redevelopment program as they have suggested by moving the civil court against this management committee. Just file a civil suit against them for this relief & sleep quietly for ever.
2007-10-17 18:55:20 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
nobody can force you like that to sign any document. for this issue you have to look in to the regulations providing procedure for conversion of portion/whole residential society to commercial
secondly there must be a memorandum of the society which is filed at the time when the societies are registered try to have a copy of that from the registering authority you can have that by applying in Right to Information Act on a plain paper
Thirdly there is no ground on which they can drag you to the court rather from what you r saying it looks you can drag them to court
Lastly in order to avaoid any contingency please keep aal the documents safe like ur property papers, bills showing ur add. society card etc and ofcourse whatever conversation u have with the builder etc try to have the things in writing
don't worry awareness is the solution to every problem
2007-10-17 17:59:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You do not have to give consent if you dont want to.
Any threat against you to force you to sign a document against you wishes is illegal. - You dont need case law to evidence that.
The Committee should have had consent from all owners prior to signing any contract and therefore the problem with the developers belongs to the Committee.
Try to record all conversations and keep a note of who said what, when.
Stand you ground. If they file in Court all you need is an attourney of some value. (and go for costs)
2007-10-17 17:15:30 · answer #3 · answered by DavidC 4 · 0⤊ 0⤋
sophisticated situation. look into in yahoo or google. it could help!
2014-12-06 20:40:21 · answer #4 · answered by ? 3 · 0⤊ 0⤋