Formation of co op housing society and redevelopment of a chawl
salamat
(Querist) 20 January 2013
This query is : Resolved
Dear All,
thank you for your continuous support to people like me with your prompt advices and comments.
i stay in a chawl in eastern suburb in mumbai, we are all 40 members who are occupying a structure(ground + 1) with minimum area of 300sq ft( considering Both ground + 1)and we have a agreement with the landlord saying that landlord has given a piece of land ad-measuring X*Y on lease for 99 years and charges a rent of small amount.
my queries are
1> we all members want to form Co op housing society but landlord is not giving consent. is their any way that we can form a co op housing society
2> what all are our rights in this situation
3> we all members want to redevelop this property but landlord is not cooperative as he is builder himself. and on our proposal of redevelopment he is demanding construction cost of 1/4th of area which we possess now.then only he will redevelop. and nothng else t society like no corpus fund n all.
please guide us through this.
4> how can we take the conveyance from him so that we can redevelop this property
thanks and regards
salamat
Raj Kumar Makkad
(Expert) 20 January 2013
1. Contact Registrar as there is no need to obtain the consent of the landlord and you all can form the society as desired.
2. All those rights which stand available as per constitution of your proposed society.
3. You may engage other developer for this purpose.
4. As you are already having registered lease deed valid for 99 years so there is no need to get conveyance deed separately.
salamat
(Querist) 21 January 2013
Thank you for your prompt response but the lease agreement we are talking is not registered and its on a 100/- stamp paper.
so in this also we can register a co op housing society where the land will be in ownership of housing society without the landlord consent. please guide how can we do and is their any provision in law for this to get deemed conveyence to society with out landlord consent. and also can we form a co op housing society without landlord's consent
Hemant Agarwal
(Expert) 21 January 2013
1. To form a Coop. Housing Society, without the builders / land-lords consent, the proposed members (promoters) need to hold a stamp-duty paid registered deed (Sale / Lease or whatever), of their own flats / rooms. Without this the Registrar of Coop. will reject the proposal for a Society.
2. A un-registered lease deed, has zero value in the eyes of law and is totally insufficient for forming a Society or for putting up a redevelopment proposal or for anything else.
3. Further even if there is a stamp-duty paid registered lease deed of 99 years, it would still be not possible to claim any claims for redevelopment of the property. However this is subject to the various clauses in the lease agreement.
4. Deemed Conveyance is possible only when the property-title is easily transferrable. Here the 99 year UN-registered lease deed, does not confer any title (of whatever nature) to the lessee, hence there is no question of deemed conveyance. A lease deed CANNOT be converted to a ownership Title-Deed, BUT can be converted, subject to various parameters.
Keep Smiling .... Hemant Agarwal
Raj Kumar Makkad
(Expert) 21 January 2013
If you have only unregistered lease-agreement on a stamp of Rs. 100/-, it has no value in the eyes of law and thus you cannot form a society without the consent of the landlord as already advised to you by Hmant. Better to convince landlord in this regard.
