Can builder force to sign redevlopment mou for conveyance of society?
sam
(Querist) 21 June 2014
This query is : Resolved
Greetings,
We stay in small C.H.S. having 8 members Building was constructed in late 1990s. Since last 4 year, I had tried to get Conveyance of Society and we also appointed professional to get it. Initially he told us that it will be matter of 3 months.
However existing builder did not gave response and after 1 1/2 year, we had to get our money back from professional as he failed to get our Conveyance.
Now old builder have sold redevelopment/Conveyance and other rights to another builder. Who wants us to sign MOU for redevelopment with him, then only he will allow us to get Conveyance.
Que.1. Can Old builder transfer Conveyance and redevelopment rights to third party without giving us our society Conveyance?
Que.2. Some members may be ready in hurry for the same offer of that builder. However is this right procedure? because few members and I think that we have to follow right procedure of appointing PMC and Architecture, Get Conveyance for society, publish Advertise asking for Tender, get better offer for tender and then choose right builder.
Que. 3. If Few member go for the new builder offer without following right procedure and directives of Government of Maharastra, Can I get court assistance like stay or so?
Pl. help.
ajay sethi
(Expert) 21 June 2014
1) you are not bound to sign redevelopment agreement with new builder .
2) follow the procedure prescribed by bye laws for redevelopment . float tenders , appoint consultant etc .
3) you have to get your objections recorded in AGM that decision to award contract to builder is contrary to procedure prescribed under the bye laws . if members fail to consider your objections move court against the society .
