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Author Topic: Dispute between Members of CHSL over redevelopment  (Read 154 times)

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Offline mmkgodbole

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Dispute between Members of CHSL over redevelopment
« on: October 02, 2018, 04:33:08 AM »
I am a member of a CHSL in Thane Maharashtra where the building is 38 years old. The members want to go in for redevelopment. However there has risen a dispute. The property has Roads on two sides. Members (majority) with flats on the sides of Roads consider that they have an advantage presently (Sale will result in better return) over the other (minority) members flats. and want to continue to hold this advantage even after redevelopment where the afore mentioned minority members are likely to get flats on the roadside. In order to hold the advantage the Majority members want additional Carpet Area over what would be offered to the Minority Members.

   The Minority Members are of the opinion that the Majority has already enjoyed advantage of Roadsde flats (the Minority Members have flats facing other buildings and not open space), in the past and no such continued advantage is accrued. They are forcefull in their opposition to the above proposal by the Majority members. Minority Members are also opposed to getting a new flat in the same location as their existing one.

   May I request a legal opinion and / or a solution to the dilemma, The process of redevelopment has come to a virtual standstill due to the dispute.


Offline advswagata

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Re: Dispute between Members of CHSL over redevelopment
« Reply #1 on: October 02, 2018, 11:40:32 PM »
yours is a fit case to either appoint an arbitrator to resolve the deadlock or file a pre litigation mediation in high court. this will be the best way to come up with a concrete solution.

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