High Court Orders Against Minority Members Opposing for Re Development : CA. Ramesh Prabhu
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- เผยแพร่เมื่อ 1 เม.ย. 2021
- High Court Orders Against Minority Members Opposing for Re Development : CA. Ramesh Prabhu
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This means if majority decides to jump from the terrace and few members refuse to do so then court will say "forcefully push those few members because MAJORITY HAS DECIDED SO.
Perfectly summarized
No if even if one member has conviction that injustice has happened or something seriously wrong he can approach court , eg if everyone has agreed for 20% extra area in redevlp one/two dissenting member have to agree with 20% , ,,,,,,,but if everyone is getting 20% and only one/ two member is being offered only 15% extra area he can go to court
Yupp!!
@@georgecarlinn6288court has given such type of judgements ands orders but they are only HIGH LIGHTINGTHIS ORDER.
Regarding minority cannot resist the redevelopment.
If they are doing some thing good society they should show both sides of the coin .
Yes. JASTI chi MAJORITY 😢
Thanks Prabhu sir. So many societies are facing this problem now they will get relief in this situation
Itne saare professionals redevelopment ke liye zaroori hain lekin jab redevelpment project builder ke wajah se rook jaata hain ya builder bhaag jaata hain aur hazaro log raaste oe aa jaate hain jab itne saare professionals gaayab ho jaate hain aur koi sunwai tenants ke haq mein nahi hoti
sir ,what if the minoeity has valid points and the committee is not following the guidelines and there is no transparency and they think that no one can stop them and they can use power if required against the minority since they have already have rapo with the builder.?
it cannot be that always the majority is right .
it could be that the minorities are being targeted.
then what does the law say?
No if even if one member has conviction that injustice has happened or something seriously wrong he can approach court , eg if everyone has agreed for 20% extra area in redevlp one/two dissenting member have to agree with 20% , ,,,,,,,but if everyone is getting 20% and only one/ two member is being offered only 15% extra area discrimination he can go to court
Gadho ki barat me hame Gada bankar jana padhega ye court ka kahana hai samje
What if structural audit is done and building is in good health and Managing committee is benefiting by underhand dealing and Section 79 A is not observed then what if some ppl object.
Structural Audit was done in May 2021. The Auditor classified the buildings in C3 Category (best quality category). Thereafter, as directed by the Structural Auditor, Major Repairs were carried out in 2022 Dec-2023 April. The independent structural rchitect overseeing the repairs gave a clean report, both for repairs and for structural stability. No adverse remarks were noted. However, in July 2023, just 4 months after repairs, 28% members issued a requisition for redevelopment u/s 79A. Its this justified?
Structural ऑडिट रिपोर्ट फक्त दोन संस्थाचा कोर्टात मध्ये मान्य केला जातो
IIT,VIT किवा GOOGLE
करणे.
See DOSTO section 79 A is very very good process to follow but not only court the Officer of concern Authorities also helpless to find way if Managing Committee doesn't follow it. Even if minority says to follow it court will not help them.
we need to have rule for redevlopment.and their should not be question of minority and majority
I like your suggestion
What if few members of apartment are pushing for redevelopment even if the structure is very strong ,well maintained and not
dilapidated. What action to be taken on such people.
Sir builder ne rera mein old reahab tenents aur some new buyers ki sign liya extend kerne ke liye aur maine already 5 mahine hogaye rera mein case kiya hai but not hearing yet.
Sir mujhe compensation milega aur jo builder ne fraud kiyahai uske liye kaisi complaint kerna hai pls tell me thanks
Majority not following the rules then what. Decisions in favour of majority is wrong in favour of defaulters and violators of law
Please give details about the judgement to get the copy of the same for record and reference.
pl send mail id
Hi Mr Prabhu, I am following ur videos from lang time & really find very useful. My question is - my society in chembur is going in redevelopment but prior to that my flat is in dispute as this is my father's self acquired property & a case is going on in court. As the temporary injunction order by court is imposed, please suggest how I can go for redevelopment
Yahi adami unhi 7-8 logon ki tarafse case ladata hai. Bogus adami hai.
पुनर्बांधणी मध्ये सभासदांच्या मागणीचा समितीने आपल्या अहवालात तपशीलवार चर्चा करून योग्य ती दखल घेतली नाही व पुनर्बांधणी कार्यवाही केली तर काय करता येईल मार्गदर्शन व्हावे.
काही नाही करता येणार कोर्ट मार्गदर्शन करेल
We are having apartment in Kolhapur Maharashtra with 15 members and out of 15 two members having twin flats are opposing redevelopment and our is 32 years old building please guide us in this matter
Majority minority is not the issue. It is whether redevelopment procedure being carried out legally or illegally.
In this case minority may be wrong but Minority is right .... in most cases.
Check how many redevelopment projects are stalled. Who is responsible?
correct
Right said , most of the time MC thinks and behaves in arrogant manner, when question are raised either they blame past MC or avoid responsiblity
Sharad Kulkarni
Nobody’s opposed to redevelopment in transparent manner to get better home,but with lobbying in MC make it more difficult in the interest of builders,
minor votes are not needed.
Yes, court observation is minority members should not stall project unecessarily , only if he is correct then if even if one member has conviction that injustice has happened or something seriously wrong he can approach court , eg if everyone has agreed for 20% extra area in redevlp one/two dissenting member have to agree with 20% , ,,,,,,,but if everyone is getting 20% and only one/ two member is being offered only 15% extra area he can go to court
It's True this is thinking of our court to make builder very strong
What if the society has expelled the members? And there was no involvement or consent taken from minority who are expelled.
Go to court as earning depends on you only
judge ko builder ne Kitna paisa diya tha ye bhi batao
Sir ours is Muslims trust bldg 150 yrs old. It's in waqf board. How can v go for redevelopment because no builders r coming
Does this order apply to the redevelopment project where Builder has dissolved his firm before the signing of the Development Agreement and/or the managing committee's term has expired before the signing of the Development Agreement?
Regards
Each case is different if minority is correct and if there is some substance in case then there is hope
This is not an order sir you have misunderstood, if something is wrong one can approach court for remedy
@@georgecarlinn6288 if he is does some thing which is out of law ,such as not givingBANK GAURANTEE, not ready to pay ONE TIME RENT the court will stand in favour of minority.
It's not True court will through the petition if majority agrees. Minority has no right in anyway these types of decision are coming today from court hence You have to forget about Justice in India
What about Delhi. Will this be applicable in Delhi also or NOT.
Pls advise. Tkx
Informative.
At the same time, the reasons the dissident members were against the redevelopment could have been quoted , would have provided clearer insight.
What if there was genuine compromise of the homeowners security and the agreement was drawn in absolute favour of builder against the homeowners interests?What meaures can be taken to safeguard such risks in larger interests even though a single dissident has voiced this concern and highlighted it ? Please enlighten !!
There should always be an society appointed advocate and PMC consultant before deciding agreement with builder in best interest of members however most of time MC avoids this saying let us save society member money many member stupidly agree
@@georgecarlinn6288 //Thanks for writing.When we say that it was in favor of the builder like 1)not taking the bank gurantee of even minimum of 20%
b)Making all the owners sign the supplemental agreement which is totally contradicting the original DA (which was earlier signed only by Secretary,Chairman in agreement with MC)
c) Not allowing the children of uneducated and legal ignorant owners to attend meetings terming them as proxies,
d)Demolishing the building without commencement certificate,
e)showcasing and asking the members to vacate and surrender their houses only with the partial IOD,
f)Key members of MC surrendering additional area in society( which was originally agreed to be given for society's enjoyment),surrending it to builder without any benefit accruing to homeowners, through compulsory signing by all members of Supplemental DA .(Obvious is the hand-in-glove arrangement by MC and builder but cannot be proved).
G)Not providing required informations by Secretary and office bearers to owners asking them for documents.
H)Society has not created own website to upload information and progress of documentations for all members info and knowledge.
H)Members pressurised to sign PAA within a week without giving time for interested homeowners for vetting the documents.
I)All pressures are being applied by telling the members that if they fail to sign on the said date they will be penalised and they have to endure stamp duty on their own.
Problems arise out of helplessness,as the majority homeowners are aged living with meagre means trusting the greedy MC who sweet talk them without giving anything in writing.
How does the law deal with such situations as we see that the failure lies in greediness of the few members who are easy prey to builders trap.
In redevp.Rera is not much of help as the builder finds way to wriggle out through its loopholes.
How can these issues by plugged ? What are the remedies when the few office bearers has gone out of its way to favor builder?
@@shree180 consult lawyer advocate before signing anywhere , don't give into pressure or lies or threats , everybody gets same deal, there cannot be any discrimination, there should be atleast 2-3-4 member having some sense
@@shree180 many greedy compromised MC show an rosy picture, full of lies, many members stupidly agree, on ce building is demolished you are at mercy of builder
@@georgecarlinn6288 //You are right ! hope homeowners should have good sense to always take legal help and consultation at important stages and be wise than merely trusting the committee even if they were best of buddies and playmates over the years:-)Human nature is unpredictable, for money one can go to any extent without conscience.
But if rules and GR are violated by the builder and society still the court will go against the complainant
No you misunderstood , if one is "serious injustice" then he can approach court, even if one member has conviction that injustice has happened or something seriously wrong he can approach court , eg if everyone has agreed for 20% extra area in redevlp one/two dissenting member have to agree with 20% , ,,,,,,,but if everyone is getting 20% and only one/ two member is being offered only 15% extra area he can go to court
Yes its naturel justice of our India
Afterbirfuc our building is located behind and not having road assess so how to plan for it
Walk in sky our ask court to build road in sky
Majority agar chori karta ho to kya crt allow karega.
Yes as minority doesn't have right , even when majority allow Managing Committee to kill the minority members court will doesn't interfere in matter they will simply say in orders that majority has passed this resolution hence minority has to mandatory follow it.
kyonki itne jaldi court ne Hindustan me diya kaise.
kasab jisne subke samne logo ko mara fir bhi 10saal baad fasi di
Sir my building is fully tenanted & owner is a builder cum defeloper. He refuses to pay any transit rent during redevelopment & also charges 1/2 of the market rate for tenants & not offering free flat after redevelopment. All tenants have been residing over 50+ years. Pl advise. Thank you.
pl send mail id
Sir our constraction of 1975 sir we agreed in redevelopment but developers are not agree in terras right give us on not agree terras right. Payments sir when we purchase flats in our documents in righting terrasrightd
Whether this judgement is applicable for self redevelopment also
What if society Is not following 79a, n member goes to registrar and complaint about such unlawful activities, does it mean member is against redevelopment of building??
Sadly 79A is not mandatory and the registrar has no say in this.... High Court judgement indiankanoon.org/doc/40689914/
No No if even if one member has conviction that injustice has happened or something seriously wrong he can approach court , eg if everyone has agreed for 20% extra area in redevlp one/two dissenting member have to agree with 20% , ,,,,,,,but if everyone is getting 20% and only one/ two member is being offered only 15% extra area he can go to court
Yes if one member complaint he is Guilty and he has to pay for it and face lots off difficulties for complaining
Majority ने गुन्हा केला तर कोर्ट त्यांचे बाजूने निर्णय देणार का?
सी १ कैटेगरी का दुरुपयोग कैसे रोका जाय क्योंकी कई बिल्डिंग्स सी २ होते हुए भी रिक्वेस्ट कर सी १ में डाल जबर जस्ती डाल रीडेक्लॉप का क्या।
Mr. Prabhu if 79 A procedural guidelines issued for redevelopment not followed by committee then what is your opinion
No option as court doesn't support who minority oppose for good faith only court observe that minority is opposing
जब सोसाइटी बईमान हो और गलत तरीके से मेजोरिटी प्राप्त कर कुछ लोग को नए घर न मिले ये डर हमेशा बना रहता है।
हर अग्रीमेंट बिल्डर के साथ होना चाहिए या नहीं।
सेल कंपोनेंट और मेंबर्स कंपोनेंट की कंस्ट्रक्शन क्वालिटी में काफ़ी फर्क होता है। उसका क्या?
प्रभु सर, सहकारी संस्थेतील सभासदांना फाययनल DA डेव्हलपमेंट अग्रिमेंटची वैयक्तिक काॅपी मागता येते का आणि ती देणै कमिटीला बंधनकारक आहे का?
मागता येते परंतु ते सर्व कमिटी वर अवलंबून असते नाही तर कोर्टात जा
Kitne dino me high court me judgment builder ke khilaaf diya.
Bolne me Sharma Rahe ho ki Kitna time court legal builder ke khilaaf 10 Saal ya 20 saal
Pay peter to loot paul.
मेजोरिटी कैसे प्राप्त हुईं बिना मेंबरशिप के और शेयर सार्टिफिकेट रद्द करके अधिकार.. हनन कर।
thanks sir video was very helpful. what if the building is not register as society or co-operative society dose this apply to project like this. I m facing this problems from years in my building. minority is not supporting for re development. location: Nagpur. pls share your thoughts sir we need your guidance
koi aisa kanoon me pravdhan hai Agar builder ne waqt pe project Pura nahi kiya to kya court itne jaldi dicision hoga? ha HA HA HA
BIG NO
Ye pravdhan hai per court kuch ukhad nahi sakti in builderoka woh toh sirf minority ka ukhadti hai.
Sir shree upendra chs dahisar east ke case ka kya huva plz reply sir 😢
Sir what about the aggreement is in developer favour also he is not financially strong then what
That has to be thought before signing agreement by society or your advocate or by you
So what financial not strong you should not oppose as court will not help you hence Whatever you are facing keep quite and face the difficulties alone.
Government guidelines rent to be given to tenants before vacating rooms, only 6 months 15000 given as members heard that 2 years rent should be given is it true please inform
Yes its True, as most of builder appointed are jama Eleven hence such thanks happend. Court doesn't bother about it, you face the trouble and come to Court but what orders will come out that judge also doesn't know, USELESS
सर मै पुनरविकास के किहीलाफ नाही हू लेकिन विकासक बँक गौरांटी नही देते हे और आपके 4 जुलै 2019 के जिआर के हिसाब से ये अनिवार्य है ऐसे मे हम क्या करे क्या पा का सूनके घर खाली करे जवाब दो आप
7 slum dwelars can make a housingvsociety?
Committee members khud ke fayde ke liye agar dusre member ka nuksan kare to crt kaise allow karta hai.
Dost yahi such hai minority ka koi sunta nahi
Hello sir Hamare building mein to general board meeting hi nahin rakhte aur Humko builder Kuchh Bhi extra Nahin de raha hai Humko aur builder Hamara Jyada ulta kam kar raha hai aur Upar Se development charge mang raha hai 2 lakh rupya aur Hamara yah Jagah Badh Raha Hai vah Jagah Badh Raha Hai Bol Ke Humko 8 lakh rupaye mang raha hai total To Hamen Dena chahie builder ko
Yes you have to pay 2lakhs nor court will through out you from your house.
If one is right so what to do
Bhai कुछ नही हो सकता these types of judgements are coming
Please share judgement copy.
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जर कार्यकारीणी कमिटी 79A परिपत्रक चे पालन करत नसेल व बहूमत असेल तर एखाद्या सभासदाने काय करावे ?
काही नाही गप्प बसून रहावे
Your surrounding was too noisy difficult to hear 🙉. Please make proper arrangements before interview
Recpted Sir
मेरा सवाल है कि मै कादीवली हनूमान नगर में रहता हूँ
मेरे यहा सोसायटी में अध्यक्ष और सेके़टरी आज तक सदस्य की मिटगी नहीं की है सोसायटी के खिलाफ मामला दर्ज कहा करना चाहिए
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मत करो भाई यहा majority win hai भाई
YOU ARE HIGH LITING THE ORDER .WHAT IF THE DEVLOPER IS NOT PROVIDING BANK SECUTIRIE AND RENT .WILLTHE COURT GIVE ORDER IN FAVOUR OF MAJORITY. IN SOME CASES CONYANCE IS NOT DONE.
Humari chawl redevelopment me gayi hai total 11 ghar builder ne 6 ghar ko accept air 5 member ko ghar khali karne bol raha 5logo ko building me ghar dene se mana karta hai
Please koi madad kare builder Alpesh Shet hai mumbai se
Sir hum is chawl me 60 sal se rahte hai
Is sub me BMC builder ka sath de rahi hai
Sir, Without minority there cannot be majority. Pls don't treat the minorities as discarded lot as you are doing on TH-cam. Big professional lobby is making haste in redevelopment to make fast bucks.
Whether it is majorityor minority is not the wuestii .the biv queztion is...is the rules of MCS act befollowed. If its followed there shoulx be no hassales problems orinfighting. Transoarency is the word which will sort out all doubts andproblems. But TRANSPARENCY should be inthought word and deed. Not only talk . Seld dev eloment is the best . Vasantasena srinivasan
Read question
aap bol Rahe ho builder ko 2-3 notice do aur flat owner ke against 2 months me dicision diya wa wa Kitna paisa mila judge ko 2 mahine me dicision diya jab ki lakho cases builder ke against cases hai ek bhi example batao ki two kya 2 years me aisa strict dicision diya hai kisi bhi court ne.......wa wa yani maal hai taal hai nahi to kutte jaisa haal hai....paisa hai to justice hai nahi to sadte Rahe khood ka Ghar hone ke bawjood wa wa upper se componsesat karo wa judge Sahib wa