Gunthewari law in pune maharashtra.

  Minimum Two laws are getting applicable in this matter

Maharashtra Societies Act 

Gunthewari (Reguralizing , Updation  , Control )Act 2001

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Gunthewari I will explain , Many had land they divided land small without permission such small was in fact no use because on that land building or structure could not be constructed etc.  Inspite of this they did people took then they constructed building then they sold flats. So such is history of the problem.

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To solve such problem this act was introduced in 2001 and it solved the problem to large extent , (Now wihout document examination it is not possibile to comment but I presume it must be proper since City Engineer have given clearance) 

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Society is formed uder Society act now chairman and secretary have to get resolution passed from general body and take steps , if they are not taking steps accordingly then you can approach registrar of societies and complaint that chairman and secretary are not passing resolution and just doing what they want without consent of members and on the name of society .

See Society means co-operation , this is first principle of this organization there can be odd things , illegal things but you may not be directly responsibile some buiider who have done it so approach registrar of societies and do complaint 

1) They are not passing resolution in General body 

2) Without passing resolution they are accting on name of society

3) If they have griveances (Individual) they should spent their own pocket money and do necessary things but not on society funds , If they want to use society name and society funds (Including legal adviser) they should get resolution passed first 

Some background: Builder has built flat (our flat) on top floor and didnt mentioined in on the original blueprint.

But now on new blueprint it is there.

There was no general body meetings held from last 6 years and the self declared secratory and chaireman are doing such things.

We have already compalined about it to the registrar and sub-registrar of society but no response.

They are just giving irrelevent resolution and not acting on it.( In their term marathi "tichaki maarne").

Mr. Madhu has explained on local laws/enactments/rules.

Appreciated.

Originally posted by : Mohan Sharma
	Some background: Builder has built flat (our flat) on top floor and didnt mentioined in on the original blueprint. But now on new blueprint it is there. There was no general body meetings held from last 6 years and the self declared secratory and chaireman are doing such things. We have already compalined about it to the registrar and sub-registrar of society but no response. They are just giving irrelevent resolution and not acting on it.( In their term marathi "tichaki maarne").

 

How come such self declared secretary and chairman are functioning?

There are 8 flates in the building. 1 chaireman, 1 secratory, 3 flats of one person and 2 other flat owners, who dont care.

The person who has 3 flats have the secretory and chaireman in his pocked.

One post is still vacent of Treasurer.

The question is, can the gunthewari be cancelled. How?

Once reguralized then it can not be cancelled. 
In my opinion without examing the documents I feel there must be large area for that survey . 
This Developer may have constructured building here and there without approving proper layout 

Then small area of land he may have sold to others directly like 300 sq. feet of land sold (It is illegal to sold such small sq. feet of land , addition such small land can not be made in land records too) 

Then he may have reguarlized it and while  reguralizing entire survey he may have given some land /penalty to planing authority and they may have approved above floor too

May be he may have shown that he is going to construct the floor (although it was already constructed) and after some time he may have got completion certificate for it so.

But still I believe without examining documents that once reguralized it can not be cancelled in normal course.

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I doubt about functioning of society too here , You need to check from some one all documents of society registration.  because no. of members are less and some thing odd I can make out.  Or flats may be on different name of same family members 

Can you name the documents that I can mange to provide on the forum. So to analyse the situation.

In between 1990 - 1992 building was constucted and aggreement was done in 1992. Our flat was built along with building not after that. (not after building completion.)

We got bhogwata patra from builder. That has our flat number in it.

In 2001 the our area came into Municiple corporation and in 2004 we got the notice for gunthewari.

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When we saw the document from secretory side PMC people said secretory shown the documents of the general bodu meeting are happened.

But we (Me and another member) have not not any letter or communcation from last 6 years.

Can they produce fake document, as he has the most of peoples in his side.

If there is a provision/policy of Compounding, Regularization and if compliance as been made and Fee paid per policy, then ideally there should not be the cancellation.

Local counsel well versed with local rules, policies, laws can advise you the best after due examination of all docs, inputs on record.

 

Mr. Madhu, Mr. Yogen Kakade, Mr. Hemant Agarwal, Mr. Kishor Mehta, Mr. M.V.Gupta are  from your state/city and you can benefit from their counsel.

What can I do if its get cancelled?

Whats next.?

Honesty you require to go for proffessional consultant who deals in land, society , town planning laws . I can not examine documents in public forum nor analysis all problem sitting on net I suppose adv kakade is from Pune and other friend adv Bharat pawar is also from Pune better you meet them personally .

we got the notice that its cancelled and now they gave the notice to domilish it.

We have asked one advokate and he told us that it can be challegned. We have gave him money he said he will file the case.

Its been 3 days, now he is not picking up the phone and not giveng any news.

tension.

Does the said lawyer specialize in such matters?

Do you have acknowledgment of payment?

Either collect your money back or meet him and let him file the said case.

Or engage another lawyer to defend your interest.