Question And Answer
Subject: HUF, Redevelopment
Category:  ,
Querist: Deepak
Answered by:
Tags: ,
Date: July 1, 2023
Query asked by Deepak

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,

File Uploaded: Not Available

Answer given by

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 .

Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of

Leave a Reply

Your email address will not be published. Required fields are marked *