Short Answer

Extra flats beyond the original count in a redevelopment or structural repair project are typically handled as per the Gujarat Cooperative Societies Act, 1961 and Rules. The developer may not have the automatic right to sell these additional flats without following the legal procedures.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of the Registrar to issue orders. This section empowers the Registrar to issue orders regarding any matter relating to cooperative societies, including redevelopment projects. In the context of extra flats in a redevelopment project, the Registrar may intervene to ensure compliance with the law and protect the interests of the society members. This means that any sale of extra flats must be in accordance with the orders issued by the Registrar.

Rule 74 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the disposal of property by a cooperative housing society. If the extra flats are considered as society property, the society may have the authority to sell them as per the rules laid down in Rule 74. However, the society must follow the prescribed procedures and obtain necessary approvals before selling these additional flats. This rule ensures transparency and accountability in the sale of society property.

In practice, the handling of extra flats beyond the original count in a redevelopment project involves obtaining approvals from the Registrar and following the procedures outlined in the cooperative societies rules. The society members must be informed about the sale of extra flats, and their consent may be required in certain cases. The developer cannot unilaterally sell these additional flats without complying with the legal requirements.

Practical Examples

• Scenario 1: A cooperative housing society undergoes redevelopment, resulting in the creation of extra flats. The developer seeks permission from the Registrar to sell these additional units, following which the society members are informed about the proposed sale.

• Scenario 2: In a structural repair project, the society decides to convert unused space into extra flats. The society obtains approval from the Registrar and follows the procedures outlined in Rule 74 before selling these additional units.

• Scenario 3: A developer attempts to sell extra flats without obtaining the necessary approvals, leading to a legal dispute with the society members and intervention by the Registrar to enforce compliance with the law.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 74 of the Gujarat Cooperative Societies Rules, 1965: Official PDF