LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Richard Levi   21 April 2021

Can cooperative housing society legally sell balcony area

Can cooperative housing society legally sell balcony area to a flat owner for amount of money decided by the managing committe of society in the cooperative housing society after deciding in AGM?



Learning

 14 Replies

Dr J C Vashista (Advocate)     21 April 2021

Whether the balcony was separately constructed or independent of flat area ?

Whether the balcony did not form part of original construction ?

Vague and confusing facts.

 

Sankaranarayanan (Advocate)     21 April 2021

Please explain the points raised by the expert Dr.Vashista ji 

Richard Levi   21 April 2021

Balcony was constructed with all the flats at the same time by the builder and then builder sold the flat to individual buyers. Now society wants to sell the balcony attached to the flat to the individual flat buyer

Pradipta Nath (Advocate)     21 April 2021

What is your issue? Don't you want to have balcony with your flat? In case the flat was sold excluding the balcony of ....sq.ft.!

P. Venu (Advocate)     21 April 2021

You have not posted the material facts. If the whole flat is being sold, what is so special about the balcony?

Kishor Mehta (CEO)     21 April 2021

The society can not seperately sell balcony area which is an integral part of a flat premises. The society can not sell or let any part of open general area of the society building. The  AGM has no legal right to pass any resolution to override the rules laid down by the State authorities for co-operative housing societies.

Richard Levi   21 April 2021

I brought the flat, it has a balcony. My agreement paper doesn't say anything about my balcony and it has no mention of my balcony in it. I tried to use it but committee members took objection. Secretary later told us if we want to use it. We can buy the balcony by paying the society amount equivalent to the area of the balcony as per current price of the market rate. He said he will raise this point in AGM and check if members are willing to sell that area to me. I don't want to buy, i want to use it as its the balcony on my flat. My question is can committee or society legally sell me that balcony. Do they have any such authority to do so or is it just a tactic to take money from me?

P. Venu (Advocate)     21 April 2021

If you are in possession/occupation of the portion, there is no in which the Society can take possession except by following the due process of law.

Kishor Mehta (CEO)     21 April 2021

You have not made it clear whether the balcony has a seperate common entrance, if it has and if other members can enter the balcony without entering your flat then you can not claim any exclusive rights of its usage neither the society can sell it to you. If, however, the balcony forms an integral part of your flat and if it can be entered only through your flat then you have the right of its exclusive usage.

2 Like

Richard Levi   22 April 2021

Only I have access to the balcony. There no other way of going to the balcony other then through my home entrance. Does society or managing committee has legal rights to sell the balcony to me or its illegal for them to try to sell it or even offer to sell it.

Kishor Mehta (CEO)     22 April 2021

Since the approach entrance to the balcony is  only through your flat it becomes an integral part of your flat and you enjoy exclusive usage rights. It is illegal for the Society to demand any amount from you. 

P. Venu (Advocate)     22 April 2021

Yes, the Society cannot take law in their hands. If at all they have any claim, they should approach the competent civil court and get a decree in their favour.

Richard Levi   22 April 2021

Thank you sirs for your valuable feedback. It means a lot to me

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

 

  1. As per your clarification, the said balcony has no other access except through your apartment, in which case the Society's demand that it be purchased by paying money to them is untenable.  
  2. And from whom you purchased the Apartment, directly from the Builder or the previous owner?
  3. Whether the measurements and area mentioned in the sale agreement in your favour include the area of the balcony.

Society's stand is highly ridiculous. You may file a complaint with the Registrar of Society about the untenable and unreasonable behaviour of the Society.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register