Joint property
Domlur
(Querist) 14 June 2014
This query is : Resolved
Sir,
We are allottes from the Bangalore development authority 114 appartments under the self financing housing scheme. That is in the BDA property land 114 appartments were constructed as per BDA plan, but totally financed by the allottes in stages.
A lease cum sale agreeent was signed by us with BDA, that after 10 years of the Lease cum sale agreement an absolute sale agreemnt has to be signed with BDA.
95% of the allottes have signed absolute sale deed. The toal 4 acres of land is held by 144 as UNDIVIDED SHARE.
NOW WE WANT TO REDEVELOP THIS PROPERTY. BUT FEW non registered allottes are opposing redevelopment as their transcations eveb after 25 years of allotment has not been duly registered.
Questions:
Can the majority owners go ahead for redevelopment with a builder.
Or, can we divide the undivided share into the group who are for redevelopment and the ones who are against it legally.
Any other suggestions?
We did our level best to convince them for last 2 years. But they are adamant.
Thanks.regards
DNS
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
Have you formed an association combining all the flat owners by following the procedures like formulating bye laws, memorandum of association, articles of association etc., whether the same has been registered with Registrar of Society? After doing all these, you may by a resolution in a GB meeting, can go ahead of the proposed re-development on approval through a resolution for the purpose.
Rajendra K Goyal
(Expert) 14 June 2014
consult a local layer and show him all the documents including sale deeds and terms by BDA. Meanwhile proceed to form a society.
R.K Nanda
(Expert) 14 June 2014
contact local lawyer.
Raj Kumar Makkad
(Expert) 14 June 2014
I do agree with Kaliselvan. society if formed can definitely pass a resolution by majority vote and can go ahead as desired.
