Alisha 08 February 2016

Private plot redevelopment rules in mumbai

We are 3 partners (of an extended family) in a plot within a co-op. housing society, each of us has equal 33.33% (1/3 rd) share in the plot land, the 3-storey building (one storey for each of us) and equal number of share certificates allotted to us by the co-op. housing society, in a Mumbai suburb.

While one partner is eager to go for redevelopment of our property which would involve demolishing the current structure and constructing a new building as per the increased FSI which would give the each of us a much larger accomodation, one another partner is not interested and the 3rd isn't even responding. The 2 reluctant partners don't have sufficient funds to go ahead with the project.

My query is: as we each own 1/3 rd (33.33%) of the plot and the current building structure, what if, in the future, 2 of the 3 partners are ready and 3rd is not ready to go for redevelopment, can the 2 interested parties force it on the 3rd to go for redevelopment? As far as I know, in a co-op. housing society, 75% of flat owners have to agree for redevelopment. But ours is a private owned plot in a co-op housing society so what are the rules for our plot?

Also, the current building is already 35+ yrs old so in future (say 20-40 yrs down the line), when the current building becomes dilapidated and unfit for living, and still there's at least 1 reluctant partner (who stays abroad and no one lives in his storey) who is not agreeing to redevelopment, then what will be the case?

In the unfortunate case, that the dispute continues and years pass by and the current building becomes so old that it collapses naturally, and even then 1 of the partners is reluctant to go for building a new structure, then what will happen? What does the law say in such cases of dispute when all that left is the plot land and the structure has collapsed naturally (or is in a very bad state of neglect due to the dispute between the partners)?

Each of us has alternate accomodation so, of course, if we know that the building is unfit for living, then we won't continue living there. None of us wants to also sell his share of the plot as there's opportunity to reap significant benefits out of it, with the increased FSI current available as well as even more FSI coming in the near future.

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6 Replies

Alisha 12 February 2016

Bump! Solicit answers from experts please

Alisha 20 April 2016

Can experts please help answer my query?

(Guest)

This question will come within frame work of Maharashtra Co-operative Societies Act 1960 (Act is attached which is updated til 6 June 2015)

Question which arise from your first statement

1) We are partner ? Whether Partnership deed register ? Or what is legal form of association. you three have . Validity of it . Partnership Act is different act whether it is applicable in your case ?

2) Whether Share Sertificate in name of individual or that of Partnership firm. For sake of privacy put "XYZ" if name of partnership firm on certificate is there or 1,2,3 if individual name is there

3) On Land Record who is owner of the Land. Whether you have Land record details.

4) Myself from Thane City , Please tell your location so i can guide you further.

5) You need to understand deep problem then only proper ans. can be given else it will be vague ans

Attached File : 92639 20160420211620 900276174 67 maharashtra co operative societies act 1960.pdf downloaded: 109 times

(Guest)

Question comes in my mind

1) Whether it is Plot holder co-operative society

2) Whether it is housing society

3) Whether there federation and under it housing society

4) Whether latest bye law of society adopted ?

Alisha 21 April 2016

Hi Madhu

It is a private plot with a 2-storey building on it. The owner of the plot and the structure is all equally divided between 3 shareholders. We are not exactly partners but equal owners of the said plot and the building on it. I am not sure what kind of agreement it is; it is like a regular agreement on stamp paper that states we 3 are equal owners of the said plot and that ground floor belongs to one of my cousins, the first floor belongs to my other cousin and the second floor belongs to me. Our fathers were brothers and had the agreement in their name initially and after their death; each of them had 1 son and now we 3 sons (cousin brothers) are the equal (1/3rd) owners of the said plot and one floor each in the building on that plot.

(Guest)

Sorry this matters documents required examination . I doubt many things , many documents required to be collected to conclude the facts.

I don't see all straight within frame work of law . So require minute examination.

I feel if possible come with some one with whom I can give some application , and collect more documents from various govt. offices before concluding things.

Any how myself student so study free for academic purpose , but don't make me work. Documents I require I will tell you . After collecting all facts only we can conclude this complication.

But I doubt all is not that straight within frame work of law