We are co-op housing society based in Mumbai, land was given by govt of Maharsshtra under PWR 219 scheme way back in 1958 comprising of 120 lot type bunglows, given to SC ST BC & OBC category- area of each plot is 3000sq. ft.
Land was given by collector of Bombay on lease for 999 yrs. As time went by most of the members had constructed small shack kike tenements. The management of this size was not possible due various reasons & vested interests & was split into smaller societies in 1980.
Ours is smaller society with 44 members with about 60% habitual defaulters about 22 members have developed their tenements into 3 storied structures.
Now many of the defaulters are planning to form a group to hand over the society to builders for redevelopment for financial gains whereas the developer will gain greatly.
The members who have developed their plots50% are not interested in this venture and would like to separate & form another sub society.
Request your guidance as how to go about it.
I C Naik
Sadanand Gokral’s Question is about a Plot Type 42 member Society being one of the 4 societies Split out of a 120 member CHS registered in 1960. This CHS has 8 members are having fully developed/fully consumed FSI flats. 34 Members have FSI available for consumption under a one composite redevelopment Project and all 34 are willing to sign a Redevelopment Contract. So how can this be achieved? Can 8 members be left out?
Any Proposed Cooperative Society needs 10 members belonging to 10 independent families as a minimum number (Section 6 – Conditions of registration) Section 7 provides U/S 7 the State Government may by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose. This appears to be feasible as the land was given by the Collector to preferred group members of public and if it can be done a proposal to split the housing society of 42 members in to an 8 member housing society and 34 member housing society can be submitted to the Registering Authority for prior approval by passing a resolution by all 42 members and two separate housing societies can be registered a fresh.
After a 34 member housing society is registered unilateral deemed conveyance will have to be registered. This requires quite a lengthy procedure but as this is a Collector allotted land it may not be as complicated as a Private party Plot.
Redevelopment Scheme can also be simultaneously drawn up and approval process be commenced on the side line of Conveyance, to cut time on redevelopment.
This is a broad rod map and many details will have to be filled up for which you will have to engage a professional for all these steps.