Can one particular religious worship place be constructed in common area of an apartment?
hussain
(Querist) 12 December 2013
This query is : Resolved
Can one particular religious worship place be constructed in common area of an apartment?
If yes what is the procedure?
If there is a dispute how should we approach it?
ajay sethi
(Expert) 12 December 2013
state detailed facts of your case .
BAALASUBRAMANNYAMM
(Expert) 12 December 2013
No, such type of constructions would be permitted in a common area of an apartment. If all the flat owners are agreed/accepted for the said construction, it can be permitted. It is depending upon the interest of flat owners. If any body having objection, he can be opposed or can file a suit for injunction against the others, for not allowing them to construct such a religious worship.
hussain
(Querist) 12 December 2013
Thanks Ajay and Baala...
which means here voting and majority wins does NOT work . is that correct? All should agree only they association can goahead?
ajay sethi
(Expert) 12 December 2013
whether permission from muncipial corporation obtained ?if no such permission obtained construction would be illegal and required to be demolished .if you are aggrieved move court for necessary reliefs
Devajyoti Barman
(Expert) 12 December 2013
In common space no religious place can be constructed if even one member opposes. Majority has no role here to play.
Raj Kumar Makkad
(Expert) 12 December 2013
voice vote shall suffice but opposition of even a single member shall require to drop the idea.
V R SHROFF
(Expert) 12 December 2013
If already constructed by builder prior to your purchase/ AGM of Society can decie it's fate.
Usually Majority of temples are constructed in Co-op Society at Builder's cost.
It is part of Agreement, and contract.
Cannot get demolition order by single member, who purchased the flat with full knowledge.
hussain
(Querist) 13 December 2013
Just cannot express how good I feel after seeing all your response, Thanks a lot to all and this forum. THANKS
To answer few question - There is no structure in place as of now, proposal is to build one based on majority Vote in common area.
ajay sethi
(Expert) 13 December 2013
oppose it . see to it that number of members opposing it are present in meeting when resolution s placed for vote . see to it that opposition to resolution is duly recorded in minutes of meeting .
hussain
(Querist) 13 December 2013
Thanks form bottom of my heart :-)
I now know how to handle this issue much better.
R.V.RAO
(Expert) 12 March 2014
if your resident welfare society (regd.or un regd.) bye laws are silent on the issue,
take convene extraordinary body meeting of all members,take voting and then decide.
Record minutes OF THE MEETING and take signature of all those present AND RECORD IN THE MINUTES THAT MAJORITY VIEW WILL BE IMPLEMENTED,AND THAT MUNCIPAL PERMISSION FOR CONSTRUCTION ETC WILL BE OBTAINED BEFORE STARTING THE WORK ...PUT UP THE MINUTES COPY IN NOTICE BOARD.
