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AKSHAY CONTRACTOR   04 September 2024

Redevelopment

Our society is under the process of Redevelopment under cluster redevelopment scheme 33(9)...Since the process is quite long and members are impatient is it possible to sell the whole building with the land at a lumpsum price by the society and the proceeds passed on to the members.

The Buyer can build a hotel/hospital/mall at will as per increased FSI.

Our Society comprises of 400 units and has a FSI of 4 out of which 2 has been used and the area of land is 7500sqm.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2024

The whole building belongs to 400odd people who are all the owners of their respective units.

They have to sell their units individually and society cannot interfere in this neither it can pressurize anyone to accept the proposed plan.

Besides it may not be practically feasible to gather all the 400 odd owner members.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 September 2024

If yours is a co-operative housing society the land and the whole building belong to the society and the members are tenant members. Legally the Society can sell the property. But who is authorised to sign the sale deed? For re-development, earlier it was that 100% of the membership should agree. Then in many cases the matter went to court and I think there are court orders that if 75% of the members agree the redevelopment can be undertaken. Probably some method will have to be arrived at with the approval of the court. After sale, the proceeds will have to be shared among members and they will have find  their own alternative accommodation.


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