Dear Sir,
I am staying in a co-operative HSG Society built on a plot owned by another society. The plot is leased by the society to the owner who has subleased the part of plot for construction of a building known as Satyam Co-op HSG Society.
Plot owners are members of Hindu Friends Co-op Housing Society Ltd in Jogeshwari East, Mumbai.
The plot is approx 1200 sq meter and the plot owners society had given no objection for sublease to a co-operatve hsg society. The co-op society building was built on 800 sq meter of the plot.
Now the owner wants to give the development rights of the remaining 400 sq meters to a developer. On this 400 sq meter there is bunglow who has got a common wall with our society building. Our building was built as an extension of the old bunglow.
The plot owner society has refused to grant permission for development of the 400 sq meter or full plot as well without the consent of society. The plot owner had given a stamped undertaking to the plot owner society that he will sublease the entire plot to the proposed society.
The plot owner has not conveyed the plot in society's favor.
The developer was our Chairman when he entered into contract for assignment of plot to his firm. He has paid Rs.1 crore for the rights and registered the deed with the payment of Rs. 19 lacs stamp duty. When I came to know of this, I made a complaint to the Dy Registrar of societies who has appointed an administrator. The developer even mentioned in the deed of assignment that society had no objection to the assignment of rights and just attached a copy of list of members.
I have made a complaint to the plot owner Hindu Friends Co-op Housing Society Ltd also who have refused to grant any development permission.
Even the talati has refused to enter the name of the developer on the representation made by the Hindu Friends Co-op Housing Society Ltd.
In this connection I want know what criminal / civil action our society can initiate to get the deed of assignment cancelled and get the plot conveyed in the society's name (under the new deemed conveyance rules).
I also want to know whether there is any provision in law which prohibits devision of the plot oweners co-operative society plot.
With regards
Suhas Bhave
98698 65039
