Query from Amit Diwavala

I am a big fan of yours I read your suggestions / advices. So I wish to discuss our society problem with you.

I am Miss Amita Divawala staying at vile Parle (East) Mumbai. Name of our society is Gulshan CHS Ltd. Earlier it was a small chawl on a paghadi system. We are staying on the same place since independence.

The land was sold to a builder who transformed chawl into a building. He constructed two wings part A and part B. on Part A he built a bunglow & on Part B we have been allotted flats. We are 11 members in total.

Our builder did not fulfilled all his legal obligations like OC, forming of a society and land was not even passed on to the society members officially in short conveyance was also not issued.

We have obtained OC and formed a society too it’s registered under maha. co.op Act too. the bunglow is not a member of our society.

We are completing 30 years this year. The building is not properly maintained and requires lot of repairing. But out of 11 members 2 members are not paying maintainace for last 12 years and many of us have not paid their stamp duty as well. These 2 Society members are not ready to pay their stamp duty on the additional area bought by them.

We all members wants to redevelop the society and approached many builders.

1. Not a single builder is ready to pay old stamp duties.
2. They want a plot with clear title.
3. And our plot is very small so they are not getting much after paying corpus and rent and transportation and plus additional area.
4. Old builder is asking 75 lakhs for releasing conveyance from prospective builder.
5. Now main problem with part A . He wants more space than what he occupies as on date. Plus he wants land in his own name..
6. He does not want to become a member of our society too.

What action we can take against

1. Two Defaulters
2. The bunglow person .

How to get deemed conveyance? Can we proceed for deemed conveyance with out these three ? We don’t want to give our land to that bunglow person. The plot belongs to society.

Kindly advice . Our building is in very very bad condition. Too much leakage problem and repairing & plastering is not possible as society does not have sufficient funds.

Awaiting for your early reply.

I C Naik

I am amazed and aghast that the Society has completed 35 years. Content of your mail saddened me a great deal. The problems you have narrated may be not exhaustive. The cooperative society is a matter of concern for all its stakeholders/members. How badly it must have been managed all these years is any body’s guess. It still exists, by sheer God’s will.

All the stake holders must meet and talk it over at length. There is no law which can offer any help much less the MCS Act 1960. I suggest you as under.

1. All of you (the members) must take up first point for discussion and agreement unanimously.
2. The one point agenda; make a list of all that bad things can happen to you all.
3. First make the list of each and every idea which comes up without discussion on any idea: even the worst/ the stupid all idea should be listed without any discussion or omission.
4. Make one copy for each of the participants and then meet after one week.
5. Discuss the list and shorten it to the maximum possible.
6. Send the Short list to us to give inputs.

There is no hope otherwise. Nor you can waste any more time. We hear almost every day horrified calamities concerning dilapidated residential buildings.