Mandatory to annex gb resolution with development agreement ?
Ashok Kuvadia
(Querist) 04 April 2013
This query is : Resolved
MANDATORY TO ANNEXED G.B. RESOLUTION WITH DEVELOPMENT AGREEMENT :
(01) Dear Experts, In anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) Society created a fictitious bogus event that a General Body meeting was held on 30.03.2003 wherein it is resolved to grant Development Right to Developer. (Developer was on the post of Secretary of my Society, mean Secretary took Development Right for himself by fabricating documents. Pursuant to 30.03.2003 they prepared a consent letter dated 04.04.2003, wherein they forged my signature, Police obtain opinion that subject to confirmation with original document my signature is forged, then FIR & then Charge-Sheet filed against two office bearer including then Secretary/Developer).
(04) When I asked for the documents of Society firstly it was admittedly said on official letter head, Minutes & Resolutions are not prepared till 16.02.2004. Later on story is created that everything is LOST.
(05) Society executed Development Agreement on 17.06.2006 on the bases of event of said G.B. Resolution dated 30.03.2003. But did not Attached/Annexed Original or Certified or Xerox copy of that GB Resolution while executing Development Agreement.
(06) Further in the said Development Agreement it has mentioned that Developer is paying compensation to members in lieu of the members giving co-operation in all reasonable manner/and in lieu of hardship and inconvenience which will be suffered by the member during the course of further development.
BUT IT HAS NOT MENTIONED THAT MEMBERS ARE PAID FOR SELLING THEIR DEVELOPMENT RIGHTS. It has not mentioned what amount will be paid to members for their rights or at what amount members had sold their right to developer.
MY QUERY :
(a) Is it mandatory to Annexed/Exhibit the G.B. Resolution Original or Certified or Xerox copy with the Development Agreement ? If yes under which law ?
(b) Since G.B. Resolution is not annexed in Development Agreement, does it make Development Agreement illegal, null & void ? If yes under which law ?
(c) Since developer is paying compensation to members in lieu of hardship and inconvenience which will be suffered by the member during the course of further development. Can it be construed that in reality the Developer have actually never purchased Development Rights of other members and so the members had never sold their rights to Developer any time ?
(d) Can it be construed that Developer might have simply inform to members in purported/fictitious 30.03.2003 GB Resolution that he will pay compensation towards hardship that would be caused and you allow me (i.e.- Developer) to construct additional floors ?
(e) Is it mandatory that there should be mention of at what rate members had sold their rights and at what rate Developer had purchased member’s Development rights ?
(f) Paying some amount towards hardship that would be caused will be OK & LEGAL, Instead of purchasing Development rights ?
N.B.: Since I have kept my Query to limited issue only therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
ajay sethi
(Expert) 04 April 2013
development agreement must mention that resolution was passed in AGM . not necessary that said resolution be enclosed .
the issue as to whether members have sold rights or not depends upon whether members have particpated in AGm and by 2/3rd majority ratified development agreement
ajay sethi
(Expert) 04 April 2013
developer ought to provide copy of building sanctioned plans to members of society . check whether blg is being constructed as per sanctioned plans . appoint architect for said purpose . society should appoint a lawyer to safegaurd its interests
R.K Nanda
(Expert) 04 April 2013
no more to add.
