Redevelopment, ownership rights and society governance continue to be areas where members of a cooperative housing society (CHS/the Society) often face confusion and conflict. Disputes may arise over developers' misuse of common spaces, lack of co-owners' consent, or procedural issues such as share certificate details and temporary disruptions in management. Understanding the legal position and the limits of authority—whether of a developer, a co-owner, or a managing committee—is essential to protecting one’s rights. This week’s queries address these concerns and outline the appropriate course of action in each case.
Illegal Sale of Society Space After Redevelopment: What Can Members Do?
Question: After redevelopment, the Society has been given possession of the building, but the developer has quietly sold part of the ground-floor rooms meant for the Society’s recreation by converting them into a flat. One of our new members, who already has another flat in the building, has purchased this ‘illegally sold Society property flat’.
The developer has done this in violation of the draft agreement with the Society. The developer says, “You have been given new flats; what I do with extra flats is not the Society’s business.”
Please advise whether the Society can claim the proceeds from the sale of this extra flat, which the developer says he had permission to construct.
Answer: First, check the approved building plan from the concerned municipal authority to verify whether the area shown as recreation space has been converted into a flat with proper approval. If that portion was earmarked as a society recreation area in the approved plan or in the redevelopment agreement, then the developer has no right to sell it as a separate flat. Such a sale can be challenged by the Society.
In that case, the Society can take legal action against the developer for violation of the redevelopment agreement and for unauthorised sale of society property. The Society can also challenge the sale made to the purchaser.
If required, you may approach the civil court or the appropriate authority to restrain such sale and protect the Society’s rights over that portion of the building. Kindly consult a competent lawyer and take appropriate legal action in this matter.
Redevelopment Without Consent of All Co-owners in an Unregistered Building
Question: Ours is an unregistered association of six apartments formed in 1992 within the Pune Municipal Corporation limits. For 33 years, all residents have lived amicably. All owners agreed to redevelop the property, hired a consultant, invited tenders and awarded the contract to a selected developer. It was then discovered that one owner had executed a gift deed giving equal shares in her apartment to her two sons. There was no demarcation of the property. The elder son lives in the US and the younger son lives in the Pune apartment with his family.
All owners, except the younger son, have signed the redevelopment agreement. What are the legal avenues to proceed with redevelopment without the younger son’s consent? In a CHS, the majority decision prevails. What about in our case?
Answer: Kindly hire a good lawyer and take up the case against the son who is not giving his consent for the redevelopment of your building.
As the majority are in favour of redevelopment, and if a structural audit by an architect recommends redevelopment of the building, the civil court may, based on the facts of the case, direct the flat owner to give consent for redevelopment.
Can the Order of Names on a Share Certificate Be Changed?
Question: I have a flat in a co-operative housing society in the joint names of my son and my daughter-in-law. In the agreement for purchase, my son’s name appears first, followed by my daughter-in-law and then mine.
Can I ask the Society to show my name first, followed by my son and then my daughter-in-law? What is the correct procedure? If the Society denies, do I have any option? Please guide me.
Answer: The order of names in the flat’s sale deed, that is, your son, your daughter-in-law and you, cannot be changed on the share certificate, unless the sale deed itself is legally modified. They will remain in the same order.
Society Operations During Disqualification of Office Bearers
Question: In our housing society in Pune, the deputy district registrar (DDR-1) has disqualified the chairperson, secretary and treasurer for six months from 17 July 2025. Since that period is now over, the DDR has appointed a returning officer for elections and has started the process. I would like to know whether the Society can now operate its bank account without the permission of the DDR and whether it can hold meetings. Please advise.
Answer: When the DDR appoints an authorised officer for six months, it authorises him (the officer) to operate all the Society’s accounts during his tenure as an authorised officer of the Society.
After the expiry of that period, and once the election process has started under the returning officer, the Society’s routine functioning, including meetings and bank operations, will be governed as per the directions of the authorised officer or DDR until the new committee is formed.
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
