My grandfather owned a Plot in a State employees Co-operative housing Society Ltd., in Maharashtra, (This society comes under Deputy District Registrar) this plot is still vacant (not built) for past 38 years. 5 years ago my grandfather passed away, by inheritance all his children are nominated and now are the joint owners of this plot (Total 5 members including my mother).

Due financial issues/ crisis no one from them (joint owners) are able to build the plot, still the plot is vacant, the Society Committee regularly keep on asking us to either build the plot or sell it. We are not in a position to build it and not even will to sell it at this instance of time. The nearby residents (other Society Members) have started putting their daily waste and other dumping on this land, which the Society committee and other Society members are objecting and is also another reason to issue the notice.

Just few days ago, the Society Chairperson issued a notice stating that our plot is vacant for past 38 years, and there is no any development done, the society as per byelaw 7 (I don't know whether it's societies own derived Law or it is as per legal Society Act), has threatened us that if any development is not done within 60 days then the plot will be taken back by the Society that is seized by the society.

I'm in tension because I've to look after this issue, please guide/ help me in this matter.
>> Do the Society have this right to seize the properties owned by members because the plot was already allotted to my grandfather?
>> Can the society enforce the member/ members to build the vacant plot due to any reasons under any circumstances?

>> We pay all the taxes which ever applicable on time without any dues, still Society have the rights to take these kinds of actions which are against rights of members and not as per the Cooperative Housing Societies Act 1960?

>> What should be done now? Whether I should meet the Society Committee personally and discuss this issue orally or reply in written format?
If in written format what points including the Constitution's Section OR Societies Act's Clause, I need to mention in my reply?

>> Is there any mandatory rule that owners of any plot in a Co-operative Housing Society cannot be keep their Plots vacant even if it is just made as for investment purpose or is planning to build it in the future?

>> Do the Society have the Rights to make these kind of Laws/ Rules (Seizing Properties) by any means? If yes by which means?

>> May I need to file a complaint in the Consumer Court, or after my reply I need to wait to see what action Society takes?

Please guide me I need concrete suggestions so that from all sides I'll be the winner and I won't have to loose anything!

Thank you!
Read more
4 Replies
Sort by :Filter by :
  • i am not aware of the society act,but i am sure you can put up a tatched hut with wood and bamboo poles(development) or a single room brick structure with a asbestos roof not costing much.i dont see any law prohibiting this and you can claim lack of resources at this point of time.
    and in any case repossesing of anything can only be done thru court of law and you can prolong the case for quite long to take a calculated course of action,pls do consult a lawyer.
  • absolutely. why dont you create a temporary structure for yourself like i did in vancouver mls
  • Originally Posted by cherry1
    absolutely. why dont you create a temporary structure for yourself like i did in vancouver mls

    i am totally agree with you
  • yes...buiiding temporary structure does not harm and does not cost very much..i think you should do that first place.