Clarification regarding redevelopment

I understand your concern. False dowry allegations can be distressing. Regarding your brother's job security, it's essential to note that a mere FIR doesn't necessarily lead to adverse consequences. However, if the allegations are proven, it could potentially impact his job. As a government employee, your brother is expected to maintain integrity and adhere to conduct rules. If the investigation reveals that he demanded or accepted dowry, it might be considered a violation of conduct rules, leading to departmental action. To address this situation: 1. Consult a lawyer specializing in dowry cases. 2. Gather evidence to prove that the amounts were gifts or loans for legitimate purposes (e.g., shopping). 3. Show that the allegations are baseless and meant to harass. 4. Cooperate with the investigation and provide supporting documents. 5. Consider filing a counter-complaint for extortion or false accusation, if advised by your lawyer. Remember, an FIR doesn't necessarily lead to conviction. Focus on gathering evidence and building a strong defense. Keep in mind that I'm not a legal expert, so please consult a qualified lawyer for specific guidance.

Structural Audit is an important tool for knowing the real status of the old building. It ensures that the building and its premises are safe and have no risk. It analyses and suggests appropriate repairs and retrofitting measures required for the buildings to perform better in its service life.

Persuade the management / RWA and other members of localty to get structural audit of the premises by competent structural engineer, as advised by learned senior expert Mr. T Kalaiselvan, which I concur. 

Dear Kalaiselvan,

With due respect I like to bring to your notice that on 14th September I received your reply on similar query where you mentined that if building is not in dilapidated condition then society cannot force minority members to go for redevelopment. Now you are mentiong that 75% should agree for redevelopment so I am confused.Can you please clarify if building is not in dilapidated condition and if 75% agree for redevelpoment then can society force other members to go for redevelopment or irespective of percenatage society cannot force members for redevelopnet if building is not in dilapidated condition. Your reply will be highly appreciated.Also if you are practising in Mumbai can you share your mobile number so that we can take your service if needed.

Please appreciate the fact that a society is governed by State Act, Rules and Bye-Laws adopted by it (Society) wherein all the decision taken for governance / administration, upkeep, maintenance and development are taken by a majority of its members.

Accordingly any decision of General Body Meeting taken by majority of members present in the meeting, which is in confirmity with the Act / Rules and Bye-Laws, shall be binding upon all the members of the Society, irrespective of the fact that prespective of individual member differs with the decision and it has not been challanged before appropriate authority / Tribunal / Court. 

Dear Dr.Vashista,

Thank you for your reply.You have mentioned that any decision of General Body meeting should be in confirmity with the Act/Rules and Bye Laws. According to MCGM for redevelopment building should be more than 30 years old or should be in dilapidated condition. Our building is very strong and not in dilapidated condition but still young members want redevelopment for fancy and more parking,in such a case  can society take voting in GBM or SGM, knowing that 51% will vote in favour, and enforce redevelopment on minority members. Can we go to appropriate authority for stay before voting is done or any other means by which we can stop redevelopment till buliding needs redevelopment.Your guidance will be highly appreciated.

You can take a decision based on the situation prevailing at your end and you may even discuss with the like minded people about the actions that can be taken in this situation instead of repeatedly asking even petty matters without understanding the explanations given to questions already asked.

There are plenty of aspects to be decided on the basis of the prevailing circumstances and the opinion or replies given here are just guidelines to proceed instead of getting stuck in one place.

If some of you feel the building do not require redevelopment, challenge the resolution before jurisdictional authority/ Tribunal or Court. Even you can take stay order against the management, if so.

Thank you Dr.Vashista for your kind reply. If you are practicing in Mumbai please share your mobile number so that I can contact you for legal services if needed.

Once again thank you

You are welcome Mr. Mukesh ji for understanding and appreciating.

However, I am practicing in all Courts / Tribunals / Authorities and Commissions located in Delhi / NCR but not in Mumbai.

You may find out and engage some local prudent lawyer practicing in Mumbai.

Dear Dr. J.C.Vashista,

With referece to your reply of 28th September 2024 Sir can you give reference of any order passed in this respect which will help me in fighting my case. Your reply will be highly appreciated