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Veerendra   22 February 2025

Can redevelopment of two adjacent societies be initiated without formal merger ?

Dear all eminent lawyers,

Location :- Andheri, Mumbai
 
Brief history :- Our CHS & the adjacent CHS decided to opt for redevelopment together.
 
However, till date no formal amalgamation or legal merger of both the societies has taken place
Now my queries to this esteemed forum 
 
a) Can redevelopment be initiated without formal and legal merger of the two societies ?
 
b) If yes, what are the agreements to be excuted with the builder ?
 
The sizes of the plots, used FSI, available FSI , heights of the buildings, the number of existing apartments etc of both societies are totally different.
 
The project management consultant who has prepared the feasibility report has simply joined the areas and the number of apartments of the two societies together for the purpose of calculations.
 
Is this method correct ?
 
What does the Maharastra Cooperative socities act say about this ?
 
Hope to see a lot of responses & many thanks in advance for the same.
 
Regards,
 
Veerendra Darakh 


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 February 2025

A redevelopment of two adjacent housing societies can be done together, but it is a complex process that requires careful planning, legal considerations, and approval from relevant authorities, often involving the amalgamation of the societies into a single entity to manage the joint redevelopment project. 

Combining multiple societies for redevelopment might require legal procedures like canceling existing registrations and registering a new joint entity, which can be time-consuming and involve potential disputes over property rights and FSI allocation. 

Both societies need to hold special general meetings and obtain a majority vote from their members to agree to a joint redevelopment project. 

Combining projects can lead to cost savings due to larger development size and potentially better deals with developers. 

Joint redevelopment can allow for more efficient use of land and potentially better overall design for the combined development. 

Differences in opinions regarding development plans, desired amenities, or distribution of benefits can lead to conflicts between the societies. 

Any disagreements during the process could lead to lengthy legal battles. 

You can get the agreement drafted by an experienced lawyer considering all aspects including pros and cons.


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