Free Legal Advice

Dear Client,
A resolution for major activities like redevelopment of a housing complex requires at least 2/3rd majority of votes of the members of the Society in a duly convened meeting following the provision of Bye-laws of the registered Society. Recalling or revoking of earlier resolution requires a mass appeal from the resident members of the Society, and based on the said application, an SGM is convened. The grounds for recalling or reviewing the earlier resolution are noted down in the mi

Dear Client,
Deemed conveyance is a legal process where the housing society can apply to the competent authority (District/Deputy Registrar, Cooperative Societies) for the transfer of ownership of the land and building when the builder/developer fails or refuses to execute the regular conveyance deed. The order from the District Deputy Registrar effectively transfers the ownership of the land and building to the society.. However, while a deemed conveyance order grants a valid title to the cons

Dear Client,
Common areas typically include the main entrance lobby, staircases, elevators (if applicable), community halls, and possibly recreational areas like parks or gardens in EWS flats in Gurgaon, Haryana. The specific amenities and common areas (usable by all flat owners) provided in an EWS flat project are outlined in the project's brochure or documentation and may vary from project to project.

Dear Sir,
Non conversion lands always invite some legal problems unless you are ready to take risk and ready to pay penalty in future. Normally, for B Katha properties that is which are not converted the Nationalized Banks may refuse to advance housing loans.

Dear Sir,

A simple majority of 58% society members cannot legally amend a key clause like the Bank Guarantee in the Development Agreement, especially when such a change favors the developer and compromises member security.

The DA is a binding contract, and any modification particularly to critical financial safeguards like the BG requires a higher threshold of consent, typically 2/3 or 3/4 majority, along with proper procedures such as a duly convened General Body Meeting, written notice, an

Dear Client,
The rooftops of a multistoried building are also known as an open terrace and are a part of the common area that is usable for all the floor owners of a multistoried building. Legally, a co-resident cannot use the terrace for his own purposes in any multi-storeyed building, which is known as a common area usable by all the floor owners of the Building. However, if it in any way infringes your right to privacy, you may ask your neighbour/co-residents to refrain from such practice, f

Dear Client,
When a building goes into redevelopment, the existing structure is typically demolished and replaced with a new building, often with increased space and modern amenities. This process involves obtaining consent from society members, appointing a developer, and going through various stages, including demolition and construction. In the redevelopment of a building, each of the flats will get a minimum of 35% additional carpet area over its existing carpet area. Apart from this 35% ad

Dear Client,
As per the Real Estate (Regulation and Development) Act 2016, the period for execution of the orders of RERA is 45 days or any other period that is mentioned in the orders of RERA. In case the Builder/Promoter does not adhere to the orders and fails to comply with the order of RERA passed under Section 31 of the Act, the complainant home buyer can file a petition for execution of the RERA orders under Section 40 of the Act. The RERA authority then issues a notice to the builder to c

Dear Client,
It appears that you are a victim of unfair trade practices of so-called real estate Brokers/Agents. After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents/brokers are mandatorily required to register themselves with the RERA under Section 9 of the Act and the functions or activities of all real estate agents/brokers in the real estate business are regulated under Sec.10 of the said Act. Therefore, serving a legal notice to the Broker,

Dear Client,
For any construction or reconstruction in the existing building, approval or sanction from the concerned building plan approving authority, i.e, Municipal Authority, is required. Since the shop is within the housing complex which is under the control and management of a registered Society, you need their NOC for the construction of a washroom before approaching the Municipal Authority for approval of the proposed construction of wash room.