1. If there's no provision for construction of temple within the gated society, then the resolution passed in the meeting is not legally valid and you can approach court to obtain a stay order against the proposed construction if the local civic body is not initiating legal action to stop this based on the complaint.

2. The local civic body has to be approached for permission 

3. It will affect the rights of the members in the common area.

4. If the place for construction of temple is not in the approved plan, then the general body has no power to permit this construction.

5. It is to be donated to the local civic body by executing a registered gift deed.

Yes temple can be built with. Donations 

2) all members consent is not needed 

3) no need to transfer land in name of diety 

4) it does not affect UDS of flat owners 

Wait for replies from other lawyers 

you cannot construct permanent structures in balcony 

1. Yes, it can be build with donations 

2. As per law, a residential society can build temples inside their society premises only after getting a NOC from two -third of the total number of flats in the society.

3. No

4. Yes

5. It can effect the common area of the society , and the members has right to oppose the same 

The apartment owner cannot change the external appearance of the apartment unit in any form whatsoever, either temporarily or permanently including enclosing the balconies or fixing anything like grills, meshes, glass etc under any circumstances by any apartment owner. Even the Executive Management Committee (EMC) of the Apartment Owners Association shall not have the authority to permit any such acts. In case of breach of the above conditions to any extent whatsoever, the EMC of the Association shall have the authority/power to cause it to be removed without notice and to recover the cost incurred for the same

Dear client,

1. If the General Body, with a majority vote, approves the construction of a temple using donations, the Management Committee usually has the authority to proceed with the construction within the framework of the approved budget and guidelines.

2. Permissions required typically involve:
- Local municipal authority's approval for construction.
- Land-use permissions.
- Environmental clearances, if applicable.
- Compliance with building codes and regulations.
- Permissions from relevant authorities for any religious or spiritual structure.

3. The construction of a temple might affect the Undivided Share (UDS) of a flat owner if it involves common areas where the temple is built. If the temple construction utilizes shared spaces or affects the UDS in any way, it might need a consensus or a specific agreement to ensure fairness among the flat owners.

4. Generally, decisions made by a majority vote in the General Body meeting hold weight unless the governing documents (like bylaws or regulations) of the association specify that unanimous consent is required for certain decisions.

5. The ownership of land in the name of a deity or association depends on various factors including legal structuring and religious practices. In some cases, the society might hold the land in trust for the deity or religious purpose.

In India, several legal provisions govern the construction of religious structures, management of housing societies, and building regulations. Here are a few acts and provisions relevant to these matters:

1. The Societies Registration Act, 1860: This act governs the registration of societies. Housing societies are usually registered under this act, and it provides guidelines for their functioning, including decision-making processes and rules for the management committee.

2. Apartment Ownership Act: Different states in India have their own Apartment Ownership Acts (like Maharashtra Apartment Ownership Act, 1970) that regulate the ownership and management of apartment buildings and housing societies.

3. The Municipal Laws: Each city or municipality has its own building bylaws and regulations that dictate the rules for construction, including permissions needed for any construction work, adherence to safety norms, and land usage.

4. Religious Institutions and Charitable Endowments Acts: Each state might have its specific laws governing religious institutions and their properties. These laws often dictate how religious properties can be managed, used, and the permissions needed for any construction or alterations.

5. Cooperative Housing Society Bylaws: Housing societies typically have their own bylaws that outline rules and regulations regarding construction, alterations, and usage of common areas. These bylaws are often formulated in line with the state's cooperative society laws.

You can reach out to us for further assistance