Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
The existing building of the disputant / appellant was constructed in 1988. Flat No.2 on the first floor was allotted in the joint names of late Indira and late Kishor Kuray. Thereafter, the society was formed by 11 tenement holders and in 1991 conveyance deed was executed.
Kishore Kuray died on 7.3.1997 leaving behind his wife and son (opponent nos.4 and 5). Flat was in possession of Indira. The Opponent No.1 is the husband of Indira, opponent Nos.2 and 3 are her son and grand-daughter, respectively.
Since the building was in dilapidated conditions, it was decided for redevelopment and various resolutions were passed. All notices of meetings were served on Smt. Indira who neither participated in the meetings nor challenged such resolutions of the society.
By absolute majority the Resolution dated 18.3.2022 in the Special General Body Meeting was passed for redevelopment. Thereafter, the developer was appointed. Smt. Indira died on 23.9.2022. There was no nomination given by the joint members.
The office bearers of the society approached the legal heirs for signing the MOU who did not sign the documents. Moreover, they filed civil litigation.
In this view of the matter, the Society filed the dispute against the legal heirs for declaration that they are bound by the redevelopment process of the society and for mandatory injunction to hand over possession of the vacant flat.
The Cooperative Court, however, did not grant the interim relief.
HELD that the society building is 35 years sold, it requires repeated maintenance, the society passed the resolution by absolute majority, the opponents – legal heirs did not oppose the decision of redevelopment but refused to sign papers unless the civil litigation is over and the redevelopment is stopped because of legal heirs of only one member. In view of the peculiar facts and circumstances, the Cooperative Appellate Court directed the legal heirs of deceased member of the society to cooperate the society in the redevelopment of its property by executing and registering all the necessary agreements, deeds, documents, etc in favour of the developer.
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Maharashtra State Cooperative Appellate Court, Mumbai, Bench at Pune – A.O> No.21 of 2023 of Indrashree Cooperative Housing Society Ltd, Dahanukar Colony, Kothrud, Pune Vs. Dattatraya Mahadeo Kuray and others
