Housing society as a 'promoter' in a redevelopment project
Venkat Iyer
(Querist) 06 May 2017
This query is : Resolved
Our Cooperative Housing Society herein referred as "Society"has signed with a Developer in Maharashtra for redevelopment of the Society.
The developer has requested that we need to sign a JV with them as they opine that the Society is a 'Promoter' as per the new definition of 'Promoter'in the new
Maha RERA.
Pl advice whether his contention is correct, else guide the relevant section or Notification No to challenge his claim, thereby avoiding unnecessary hassles.
Regards,
Venkat
Rajendra K Goyal
(Expert) 06 May 2017
has the developer requested in writing?
Have you consulted local lawyer?
Get all the terms of of document vetted by your lawyer, if your lawyer opine and advice to sign any such document.
Kumar Doab
(Expert) 06 May 2017
Let the developer communicate in writing.
Get the matter examined by your Local lawyer/law firm.
Venkat Iyer
(Querist) 07 May 2017
The opinion is sought.Why do you need Developers query in writing.Is it an mandatory.
R.K Nanda
(Expert) 07 May 2017
consult local lawyer.
Dr J C Vashista
(Expert) 08 May 2017
The society and promoters are two different legal entities in Delhi Cooperative Societies Act, 2003; however, MCS Act (amendment) as stated by you, is required to be consulted through a local lawyer for same/similar definition(s).
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 May 2017
Yes, Chapter III Clauses 11,12, n 13 deal with duties, responsibility n obligation etc. of Promoters. If u r from state of Maharashtra, it should apply to your society. Any way in such a big matter u should involve Lawyer in the field before entering any agreement or writings, which pl. Carefully note.
