| Question And Answer | |
|---|---|
| Subject: | HUF, Redevelopment |
| Category: | General Law, Income-Tax |
| Querist: | Deepak |
| Answered by: | Research Team |
| Tags: | HUF, redevelopment |
| Date: | July 1, 2023 |
Hello Sir,
HUF possesses a flat in a co.op.hsg.society of total 21 flat owners. With the consent of 20 owners, society is going for a redeployment.
KARTA of HUF has neither signed Irrevocable Consent Letter nor the M.O.U.
Shockingly, without the consent of KARTA of HUF, the society had given the possession of the premises to the redeveloper and it had demolished all the flats.
What actions should be taken by KARTA and on whom? Please urge you to treat it as most urgent and guide me?
Thanks & Regards,
Deepak
The Bombay High Court in Kiran Baburao Vanjari vs M/S. Goregaon Unnati Chs Ltd Letters Patent Appeal No- 202 of 2011 in WP No. 7389 of 2008 wit CA No. 272 of 2011 , dt. 28 -8 -2011 (Bom) (HC) has held that that 100% majority is not required for redevelopment of the building. Once the majority votes have been received from the committee members for the redevelopment of the building, then minority cannot oppose to the redevelopment. The consent is required of only 70% of the members . It is not desirable for the Karta to approach the Court . If at all the Karta desires he may approach co -operative Court and thereafter High Court .