In the redevelopment journey, achieving 75% member consent often feels like a major milestone — and it is. But many societies make the mistake of thinking that’s the final hurdle.
In reality, numerous hidden issues can crop up after consent, especially when it comes to documentation and legal clarity. These issues, if not addressed early, can cause frustrating delays and even stall the project indefinitely.
Here are the most common post-consent roadblocks that societies face — and how to prevent them.
1. Property Not Transferred in Owner’s Name
It’s common in older societies: the flat is still in the name of a deceased parent or grandparent. If the legal heir hasn’t transferred the title to their own name through succession or legal procedures, their signature on redevelopment documents is invalid.
Solution: Complete the succession process and ensure the share certificate reflects the current legal owner.
2. Missing Share Certificates
A share certificate is the primary document proving ownership in a cooperative housing society. Without it, members cannot legally participate in redevelopment processes.
Solution: Approach your society and registrar office to issue or reissue share certificates well in advance.
3. Unregistered Wills or Gift Deeds
Ownership claims based on unregistered wills or gift deeds can lead to legal complications, family disputes, and delayed approvals.
Solution: Register all such documents and complete the necessary mutation process at the earliest.
4. No NOC from Banks or Financial Institutions
If a flat is mortgaged or under a home loan, the member must obtain a No Objection Certificate (NOC) from the bank before signing redevelopment agreements.
Solution: Inform your bank about the redevelopment and request an NOC once your loan is regular.
5. Mismatch in Area Records
Sometimes, members claim more area than what’s legally documented in society records or in the original layout. This can cause issues during flat allocation in the redeveloped building.
Solution: Reconcile your flat area with approved plans and society records early in the process.
6. Family Disputes or Unclear Heirship
Unresolved family disputes over ownership can block the consent process and cause major delays.
Solution: Resolve disputes legally and produce clear heirship documentation.
7. Outdated or Unregistered Power of Attorney (POA)
If a member is unavailable, someone can sign on their behalf — but only if they hold a registered and valid POA. Old or unregistered POAs are not legally recognized.
Solution: Ensure all POAs are freshly registered and specific to the redevelopment process.
8. Pending Maintenance Dues
Society rules often prevent defaulting members from voting or signing on critical documents, including redevelopment agreements.
Solution: Clear all dues and maintain regular payments to ensure full participation.
9. Ownership Not Updated After Flat Sale
Sometimes, the original owner has sold the flat, but the buyer hasn’t updated records with the society. This creates confusion over whose consent is valid.
Solution: Ensure the new owner is officially recognized by the society and has the updated share certificate.
✅ Final Thought: Legal Clarity = Smooth Redevelopment
The redevelopment process isn’t just about negotiating with builders — it’s about getting your internal documentation in order. At 9 Nirman Project Management Consultants, we specialize in helping societies identify and fix these issues before they become legal roadblocks.
Our team of lawyers, architects, and consultants works with you from the very start to ensure:
- Every member’s documents are legally valid
- Resolving disputes (by mutual understanding or legally)
- All compliance requirements are met
📞 Need Help? Let’s Talk.
If your society is planning or struggling with redevelopment, get in touch with 9 Nirman today.
We’ll guide you from Day 1 — legally, financially, and technically.
📧 Email: info@9nirman.com
📞 Call: +91 72111 99799
