We are a group of 5 Co-operative Housing Societies,with a common Egress & Ingress through a common compound gate to the respective Societies,demarcated with a walling which constitutes a common area for parking of the Society Members' motor vehicles/two-wheelers.
This common area for egress/ingress is a private area ,owned by a Charity Trust Fund, where the said Societies are on a 99 years Lease with the Trust, and the Societies pay Rent as fixed at the time of the lease with permitted increases, to the Trust's Office.
The egress/ingress area so demarcated, has a capacity to park 28 motor vehicles + 4 two-wheelers, as permitted by the Trust, to the members of the respective Societies and monthly rent/parking charges are fixed by the Trust (with permitted yearly increases as agreed upon between the Members and the Trust), and has been the practice of collecting such rent/parking charges on a yearly basis by the Office of the Trust, for the last FORTY years, with no Member ever Defaulting on their payments/rules as framed from time to time by the Trust, with no untoward incidents ever reported for any misdemeanour from either side.
As of Jan 2012, the Trust invoked a Leave& Licence Agreement with it's current Allottees,for a period of three years, with due increases per year of contract, and having collected the FULL advance payments by way of 3 years' Rent + 25K as non-interest Refundable Deposit + 15K as Donation for It's Sister Charity Foundation + Stamp Duty and Registration charges, as required per the rules/regulations in force.
After due consultations, between the Trustee & Secretary of the Trust and the duly nominated representatives of the Car-Owners, as to the necessary changes/amendments that needed to be incorporated into the Leave & Licence Agreement to be executed between the two consenting parties,and after rigirous deliberations, the Trust failed to respond to the revised format of the Agreement and instead served a legal notice to the Allottees for failure to register/sign the agreement, without incorporating the agreed changes/amendments, as agreed upon earlier.
The Allottees are now agreeable to sign/register the said Memorandum of Agreement & NOT a Leave & Licence Agreement, being apprehensive of ulterior motives of the Trust, like Breach of Faith,as encountered by the said legal notice,in complete violation of a Charitable Trust, seeking to extort monetary gains and profits through strong arm tacticts and threats to remove the Allottees with a notice of 24 hrs;
We seek legal advice on the abovesaid matter, as those involved are Senior Citizens,retirees with no intention to face a long legal dispute.
Kindly advise as we are in a dilema due to this legal harassment and shall be grateful for your help and support.
Thanking you in anticipation.
Distressed Members of the Societies
