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Abhijeet Walke   05 July 2021

Co housing society revok permission

Can housing society revoked permission provided for splitting one flat in two.
Because one of the society member is not agree with society decision


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     05 July 2021

If some new facts came to the notice of society and if the work is not commenced, Society has a right to revoke the earlier approval.  Society must show such specific reasons that are valid for revoking.  The division, mutation etc., must be of the Municipality or Corporation.   Once such modification with additional construction and new ownership for one Flat in two separate names are approved and when the property is mutated, the society has to abide by the approvals of the Corporation.

P. Venu (Advocate)     06 July 2021

You have not posted the material facts. 

Dr J C Vashista (Advocate)     08 July 2021

Relevant facts are missing from the post such as why do you want to bifurcate flat , what did you seek in your application from society, what is the decision where one of the member is stated to disagree ??

Consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding..

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

The society is not the authority to sanction permission to the member to split or bifurcate the flat into two parts.

This is a structural change hence a permission  or approval has to be obtained from the local civic authority only, the society is not an authority to grant such permissions, if at all it has given any such permission, the revocation due to the objection by one of the members is proper  and justified.


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