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By Legal Bureau

REDEVELOPMENT OF OLD BUILDINGS

Introduction

Shelter is a basic human need, which has become a major challenge in a country, which is fast urbanizing. Maharashtra is one of the most urbanized states in the country. Whereas nationally 27% of the population was in the urban areas, in Maharashtra, the figure was 42% (Census 2001). Housing in urban areas assumes much greater significance, as it relates not only to basic shelter needs but also provides a facility to the citizens to access services and be part of the development process. Housing implies not only construction of bricks and mortar; it includes the supporting infrastructure, access to transport and employment opportunities.

Meaning

Redevelopment refers to the process of reconstruction of the residential/commercial premises by demolition of the existing structure and construction of a new structure. This is done by utilizing the potential of the land by exploiting additional TDR, FSI as specified under the Development Control Regulations of Municipal Corporation of Greater Mumbai (MCGM).

Types of Redevelopment

Redevelopment of old dilapidated building
Redevelopment of Old Mhada Colony

Why Redevelopment is required
For Existing Owners
Though they are in dire need of extensive repairs, societies are starved of necessary funds required to carry them out. On the one hand, they do not have the resources and expertise to handle the repairs on their own and on the other, the families of the members have expanded and they need larger space to accommodate themselves.
Drawbacks of old buildings:
Lack of services such as security, cleaning, and to operate pumps.
Absence of common facilities like gymnasium and a society office.
Unavailability of proper playing area for children in the compound.
· Perennial leakage in the structure and also in the overhead or ground floor water tanks.
· Unavailability of elevators causing suffering to heart patients and the elderly.
· Absence of a proper entrance lobby.
· Room sizes being too small.
· Interior planning of rooms being unsatisfactory.
· Lack of attached toilets in bedrooms.
· Plumbing/electrical lines lying open
· Size of toilets being too small
· Low resale value due to poor condition of the building

For Builders/Developers
Builders/Developers opting for purchasing land and developing the same, incur huge stamp duty cost on transfer of land. Instead redevelopment of old building reduces stamp duty to a significant extent. For this they enter into development Agreement with Society. Entering into such development agreement does not vest any title of the land in the favor of developer, but merely authorizes the developer to develop the land.
The builder approaches the owner of the land and, instead of buying the land and paying a large amount towards the purchase; he enters into an agreement with the owner for permission to develop the land on the owner’s behalf.   In other words, in a case of development, the builder constructs the buildings at his cost, retains some flats for himself to be sold in the open market, gives a few flats to the landowner and also pays him some monetary consideration. The developer carries out this development work in the capacity of a constituted attorney of the owner and not on his own behalf.
Later, these flats are sold by the developer in the open market and from such sale, he makes a profit. The rate of stamp duty in respect of development agreement being much less than that payable on outright purchase, there’s a significant saving in stamp duty cost. Later, when the building is actually conveyed to a co-operative society or a company, the landowner and builder become party to the conveyance deed on which the stamp duty is payable and the same is also registered.

Procedure for redevelopment of an immovable property.
The consent of the society members must be obtained during society meetings. On or before the execution of the agreement, the society should hand over to the developers, the copy of the conveyance deed in respect of the society’s property, along with certified copies of the property register card, index II, latest electricity bill, water bill, municipal tax bill, N.A. tax bill in respect of the society’s property and also, the copy of the registration certificate of society under the Maharashtra Cooperative Societies Act, 1960.
The list of members with their choice of new flats and parking, area entitlement among others as agreed upon in the new building should be prepared.  The terms about the provision of temporary alternate accommodation to the members during the construction period should also be made clear in the agreement.
Challenges
Inability to assemble all members of the society at a single point of time, as some of the members may not be available. Some flats may be mortgaged to a bank or a financial institution
Some of the members may be interested in purchase of new flats at a discounted rate in the new building.
The title may not be clear, i.e. conveyance deed of the land and structure is not executed in favor of the society.
Anxiety in the minds of the members about possible delay in completion of the project after they have vacated their old flats.
The old documents of the members may not be traceable
Lack of unity amongst the members
The tax issues regarding redevelopment are not clear to the society.
Very high prices are expected on sale of old flats in the case of certain members who are not interested in staying in the new building.
Corpus amount takes a long time to be fixed by the society.
The decision as to which member will get what type of parking takes a very long time.

Government Role.

The redevelopment under DCR 33(7) and 33(9) will continue, it is proposed to introduce the cluster or precinct development approach and to incentivise the same.

CLUSTER APPROACH
The Cluster Redevelopment Approach has successfully transformed the cities of Hong Kong, Singapore and Shanghai. It is proposed to adopt a similar approach for Urban Renewal in Maharashtra State. For the redevelopment of old buildings, it is proposed to undertake cluster development as strategy for expediting and to bring about planned development. In order to promote cluster redevelopment, it is proposed to give higher FSI to large cluster redevelopment. The main objectives of the cluster approach will be as follows :-
a) To transform the fractured development in to cohesive urban unit as laid down in Development Plan.
b) To provide modern accommodation and social services which raise living standards and reduce disparities amongst different sections of population.
c) To provide an environment which permits the residents of such areas to live fuller and richer lives free of physical and social stress that are generally associated with haphazard urban development.
d) To facilitate development and proper maintenance of infrastructure facilities such as sewerage / storm water drainage /DP Roads which cannot be developed because of the present haphazard Development
e) To generate maximum number of surplus tenements for rehabilitation of the occupiers who are on Master List of MHADA. The fact that MHADA will play the nodal role in the cluster approach and shall be a signatory to all the agreements will provide greater acceptability and credibility amongst the tenants and landlords.

JOINT VENTURE FOR REDEVELOPMENT PROJECTS
Till date, the Repairs & Reconstruction Board of MHADA has been able to undertake redevelopment of old and dilapidated buildings under DCR 33(9) Few Other old and dilapidated buildings have been reconstructed through private developers under DCR 33(7). In order to accelerate the redevelopment of old and dilapidated buildings, it is proposed to encourage redevelopment projects through joint ventures in which MHADA along with the tenants, landlords and private developers, if necessary, will come together for undertaking redevelopment of Cluster. Detailed guidelines for this scheme shall be issued by the Urban Development Department separately.

ADOPTION OF EARLIER REPORTS

The problem of Urban Renewal and of old and dilapidated buildings and the need to bring together tenants and landlords is a concern not only for Mumbai and its suburban areas but, also for other cities of Maharashtra State. This problem has been studied in detail and recommendations of Sukhthankar Committee and Afzulpurkar Committee have been accepted by
Government. It is now proposed to extend the applicability of these two reports to all Municipal Areas of Maharashtra. The concerned Municipal Corporation or Council will adopt and
implement the principles enunciated in these reports with suitable local modifications. This will be monitored by the Urban Development Department.

Conclusion

There are constraints on the availability of open land within the city limits coupled with fast growing demand for houses and shortage of housing stock. On the other hand that there are thousands of ageing buildings which are dilapidated and have reached a stage where it is not possible to carry out structural repairs and rehabilitation as the same are not economically viable. The redevelopment of old building has become a necessity since the problem of old and dilapidated buildings in the city of Mumbai grows more acute with each passing year and with each passing monsoon more and more building becomes dangerous and unfit for habitation. Many of these buildings are so run down that they are unrepairable and the only solution is to put them down totally and to reconstruct them.

Scheme which involves adequate and due compensation to the landlord and the tenants/members and to the developer duly is an ideal Redevelopment scheme. This needs faster procedural clearance from Government.

125 thoughts on “Redevelopment process of Old Buildings”
  1. What happens if the cost of repairing an old dilapidated building in CRZ ii is costlier than the cost of constructing a new building in the same premises? Is it possible , specially if
    1)total fsi of 1 has been used.
    2)can the residents continue to live there till the new building comes up, as who will pay for their stay as they are developing it to avoid the high cost of repairs?

  2. IF PLOT IS IN CRZ AREA THEN IS IT TRUE THAT IF WE GO IN JOINT VENTURE WITH MHADA THEN THE SCHEME CAN AVAIL 3.19 FSI

  3. if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet

  4. my flat in a new mhada project in pune (2004) on the last third floor has started leaking from the bathroom and water trickles down right up to the ground floor .the construction of the mhada project has been done in 2004. The society collects monthly maintenance charges. i would like to know who should bear the cost of leakage repairs which is approx rs 4500/- . should the repairs be done by —– ——–1) pune mhada office 2) by the society 3) By all three floor members equally or 4) who else please let me know at the earliest as the issue is on for the past fortnight

    1. Since MHADA is not in picture now becuase society is formed. The expense must be done by society and not by concern member. In the absence of WILL, members can contribute equally.

  5. according to 33(7) BMC’s old prperty .If the construction of the redevelopment in progress and before getting occupation certificate, if FSI increases to 0.5 to 1, in that case how to cosumme the balance FSI and will it benefited to the tenant , woner or only for developer?

  6. if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet and what r the rules?

  7. I am planning to purchase a property which is 15 years old.the flat is in PUNE in very good area,very maintained building and very specious…as am buying it at reasonably high rate..i would like to know whether i would get some appreciation whenever the bldg goes for Redevelopment(already 2 building adjacent to our building has been redeveloped).Before purchaseing the flat …how do i ensure that there are no legal difficulties in terms of FSI/TDR..so that i can count on the appreciation whenever the building goes for redevelopment.? can any one help?

  8. Dear sir, I would like to know about what is rules and regulaiton of re-devlopment building i am staying at Serve no 111/D Plot no 9, 4 Bunglows Andheri West,Mum 400 0053.
    I am waiting for your kind reply
    .

  9. if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet and what r the rules?
    Should the corpus fund amount be given by the Landlord / Developer or shd it be collected from the Tenants

  10. how can we utilize the road cutting area.? ill b appriciate if some 1 helps me on this issue? thanks..:)

  11. As a second holder of a flat in a building which is in the process of being redeveloped what rights do i have?

  12. i am living in one of repaircess building of mhada . and is now under the project of private builder. builder measured my room as 547 sq ft insted of 777 sqft. i havent extended my construction in common area as others! mhada posses the old plan of my room and said that they are certifying the area in favour of land lord or the comitee of the devoloper ! in procedure of certifying the area of each room before devlopment the dession of land lord or comittee or the devloper is important insted of what is shown in old plan they said!
    in such case i wish to aply for the stay order if the builder or the mhada is not responsing for this mistake! as soon as reciveing the legal notice to vacate the room i wish to aply for stay order. the question aries in my mind can 1 can i fight the case without vacating my room before judgement? is procedure of recieving the stay order lengthy? and how much cost should i pay for stay order from high court? i dont hve sufficent knowlage of english so wish to fight this case in marathi in highcourt is it possible?

  13. My name is janardan sawant,
    I want to know that

    if landlord wants to redveloped his property in that case what ithings is must like to do-liket security deposit, corpus fund , extra sq. ft. ,Monhly rent for tenant,shifting charge and what is the other items is importants,. while signing the agreemet with tenants and what r the rules to develope the property and what benefits must gets to tanents ?Should the corpus fund amount be given by the Landlord / Developer or shall it be collected from the Tenants from old Building.

  14. My MHADA flat is proposed for redevelopment and the builder has given us a temporary shift as accomadation. He hasnt given any legal papers for the new make shift place or the new redeveloped property. I dont want to leave the place. Can I fight for my rights? What are the legalities involved and the problems i can face. 90% of the owners have shifted to the make shift accomadation and the builder has issued me a notice to vacate my place within 7 days. Pls guide

  15. In redevelopment what does rule says if builder does not agree to give the flat on the same plot where the existing old building. if any rule is there can i have the act & clause no of the same.

    Thanks & Warm Regards,

    Rajan Deshpande

  16. Please provide me dcr latest rules as on today for redevelopement of old buildings under section 33(7) and 33(9) of MAHADA.

    – THANKS IN ADVANCE

  17. i am resident of plot no.32,s.no-228/5,mhada colony, pune.
    Resident of plot no.49. occupied open plot of bore well totally.
    I think it is unauthorized.

    If it is authorized than these plot mhada should give equally to both of us. 

  18. hi,

    I would like to know the parking allotments for the old residents if the existing buld goes for redvelment under 33(7) norms or 50% incentive schemes.

    thanks, kishore

  19. dear sir,
    I am along with others is the co- owner of a multistory building at kalbadevi road, mumbai, which is a totally tenented,it was destroyrd in fire resulting in destruction of top 4th and 5th floor, the mahada was taking up the reconstruction work which has been stalled by the tenents saying they would like to go for redevelopment of the building, we are residents of delhi and are not aware of the redevelopment act as the tenants are also saying that through this act they will also become owners after redevelopment.
    can the tenants go for redevelopment without the landlords permission, what is the position if the landlord has mortgaged the premises to bank what if housetax liablities to the tune of corores of rupees are outstanding and also court cases for the same is in process  .

  20. Dear Sir,
    I am a member of 26 flats society in kandivli-west. Our plot area is 982 Sq.Mtrs. and total built up area is 12965 Sq.Ft. It is 1978 construction. We are going for redevlopment of society building. Consent for redevelopment already obtained from all members.Conveyance was done in 1986. Please guide us on following points.1.where we can get the redevelopment process in writting.2.what FSI available for new construction.3.what will be stamp duty/ capital gain on enhanced area to members after redevelopment.4. please suggest a good solicitor and architect to work on behalf of society members. Thanks & regards

  21. if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet and for CAR PARKING

  22. we reside in a MHADA bldg which has been undertaken for reconstruction but the builder insists on starting the bookings for the new flats in the new building before demolishing or partly demolishing the old building..is it permissable?

  23. if landlord wants to redveloped his property in that case what ithings is must like to do-liket area(our area is 88400 sq.ft and the tanant are 465+31 shops), corpus fund , extra sq. ft. ,Monhly rent for tenant,shifting charge and aminities + permissible area for recreation,what is the other items is importants,. while signing the agreemet with tenants what is the paper work ?

  24. DEAR SIR,
    Recently as the central government. has made a relaxation in C.R.Z, please let me know the details about it . And how can we go about re-develope the property in C.R.Z. and what role will M.H.A.D.A play in it , can you please provide me with all required details. THANK YOU.

  25. In redevelopment what does rule says if builder does not agree to give the flat on the same plot where the existing old building. if any rule is there can i have the act & clause no of the same.

    if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet and what r the rules?

    I would like to know the parking allotments for the old residents if the existing buld goes for redvelment under 33(7) norms or 50% incentive schemes.

    In redevelopment what does rule says if builder does not agree to give the flat on the same plot where the existing old building. if any rule is there can i have the act & clause no of the same.

    if landlord wants to redvelop the property in that case what is the things is must like security deposit, corpus fund , extra sq. ft. , rent for shifting, and what is the other items is imp. while signing the agreemet and what r the rules?
    Should the corpus fund amount be given by the Landlord / Developer or shd it be collected from the Tenants

  26. How to redevelope society at thane and suppose that society is on lease and not conveynce that what steps to be followed.

  27. What is the basic procedure of the redevelopement of the soceity and idea about what FSI will get for the project.

  28. i am residing ad mumbai and want to redevelope our old building with the help of owner,but some rooms titile are not clear (not uet changed) is there will be any problem in future for development?

    thanks

  29. our bldg was dilpidiated & we shifted to MHADA Transit Camp Now the builder approached for the redevelopment.But he refused to pay transfer charges as per our requirement.He told us that as per rule 33(7) he will pay only the rent which is to be paid by us to MHADA. What is the rule for fixing up the transfer Charges? How much minimum & maximum we may get the Transfer Charges & Corpus Fund?

  30. Our building is constructed by MHADA under PMGP project. The building is handed over to us in 1998. But the current condition of Building is not very good. Can we go for redevelopment under 33(7). Our Society is registered but the onveyance of building is not done in the name of the society. (because still some members have to pay their initial allotment amount). Please Guide.

  31. respected sir,
    sub:- about consent format
    I Mufaddal Nadir would like to know the actual format for the consent letter, because the builder has provided us the consent letter stating that “I hereby give my irrevocable consent for the redevelopment of the caption property in accordance with the modified D.C.Regulation 33(7) , subject to the following terms & condition the developers can also redevelop the said property in D.C.Regulation in 33(9) or any other D.C.Regulation whichever is viable to them”.
    Hence i would like to know that, is this the correct format for the consent letter? Or he must specify any one of the D.C.Regulation?. I kindly request you to send me the correct format for the consent letter on the above E-Mail address. Sorry for the inconvenience, hope you reply as early as possible thanking you , your’s faithfully,
    Mufaddal Nadir

  32. Some of the members of our society including office bearers wants to redevelop all the 12 buildings-with 240 flats which are only 25 years old . Some of the building require minor repairs which society is not ready to carry out. They formed the cartel by appointing a committy within them for going through the process. I want to know that if indivisual members do not want the redevelopment , are the society office beares are authorise to go on for redevelopment? Is there any rule that individual members consent is require for the same.

  33. Dear Sir,

    I Need the basic guidelines of how to start with the Redevelopment. I need details of paper-work such as ammendment of bylaw 5A,procedure to get it approved and the steps thereafter.
    Awaiting your feedback. Regards

  34. please sent us the format for the consent letter. I have sent you the comment before also, so please have a look over it.please reply as early as possible.

  35. sir,
    Pl inform if a building is 23 yrs old than is it necesary for a building to go for redevelopment . We do not want to go for it. Our secretary and chariman are harassing for the same. Our building is strong enough to sustain another 20 years without any problem. We want to oppose. Is it possible.
    Pl reply by email. Do not publish.

  36. dear sir,

    please give me feedback on the following issues:-
    to start with i am living in a pagdi building in mumbai for the last 40 years, now the landlord cum developer wants to redevelop the same old building. for this purpose we all are ready to give the conditional consent six months to get the necessary documents as well as the plan to be approved from the concerned autority, but the developer is telling that he cant get the plan passed on the basis of the consent , he requires the registered agreement of the all the tenants, so is this so that he cant get the plan passed as he wants us to sign all the legal documents without showing us the approved plan and he wants us to keep in the dark that what he is going to build.

    so please give me any concrete evidence that the builder can get the plan passed ad can obtain the iod as well on the basis of the consent from the tenants. he is also telling us to drag us in the court if we do not sign the agreement as well as irrecovable consent. please give me the guidance in this respect and also provide me the evidence of the same

  37. I am a member of co-operative housing society which has 20 bungalows. All the bungalows have defined plot area in 7/12 document and fencing. Some members have already developed their bunglow to suit their needs.
    Society has received a proposal from some developers to demolish all the 20 bungalows and build buildings. In return each member will get some cash and a flat. Society chairman is saying that if more than 75% of the members agree than all the bunglows will have to be demolished.

    By not agreeing to society’s proposal we are not obstructing the redevelopment planned, as other members are still free to do such development.

    Please advise in this matter

  38. I m having total area in the old building 360 sq. ft. now our Building Owner is having one builder, the builder is ready to give 525 sq. ft. i.e. in addition to my 360 sq. ft. 165 sq. ft. addition. But he says he will put only 360 sq. ft. in the agreement because of some restrictions of Govt.
    Now I want to put 525 sq. ft. in the agreement otherwise I am looser, if I want to sale my property to somebody else after a few years. The purchaser will pay me only 360 sq. ft. Kindly let me know How to SORT OUT THIS PROBLEM?

  39. I have purchased a dilapidated building in mumbai i want to redevlope but dont know address of old tanent accomdation given at mahada transit camp what should i do

  40. Dear Sir, We are living in a pagdi system building in south Mumbai for the last 65 years, now the landlord cum developer wants to redevelop the same old building.

    Could you please give some guide lines on redevelopment of old building-?

  41. the developers these days are damn smart in fooling the old residents of ancient buildings..better consult a property attorney before signing any paper with the developer and the committee members are usually palmgreased by the developer at the cost of the occupants..Make sure there is a provision for bank guarantee,extra area (a minimum of 20% and maximum 30%)corpus fund in society which must cover the basic maintanance charges till the society is properly updated with the latest rules of BMC REGULATIONS..even a minor hitch say good bye to your nest and be on the road for ever….good luck!!!!!!!!!!!!1

  42. My society is proposed to undergo redevelopment. After death of my father the flat is in my mother’s name.  I am concerned what will be my position if I vacated the flat during the construction as I doubt that me and my family will be ousted from my home. Because I m sure my mother is averse to me and favours my younger married sister. I am the only son and have lived in joint family and despite this flat not being in my name I have contributed towards it in good faith. Pl. advise.

  43. sir

    can u provide me list of document require for dc rule 33(7) and whitch type of n.o..c require for start the project.
    thanksss

  44. Sir.

    I would like to know if the plot owner is B.M.C and the tenents are also the workers of B.M.C they r calss 4 workers ie zadu kamdar they are there from as long as 1960 if any private developer wants to redevelop this land in joint-venture with B.M.C how can it be done is there any proper guidline for it can u please help me

  45. sir,
    i have purchased a flat in an redevelopement project 6years back.
    but the builder has not yet got the OC.
    the old society members are not ready to make us the member unless the builder gets an OC.
    pls reply what can i do. 

  46. Sir, I would like to explain that we are tenant of BMC Building and now condition of Building is very bad.Kindly suggest MHADA can do develop of BMC Building. We approach so many time to BMC for redevelopment or reconstruction of the Building other wise ti will damage life of innocnet people.But as usually BMC did not interfere , neglect or ignore the matter. Further we do not have capacity to develop the Building.Therefore, we need assitance regarding same from another appellate authority which do same for us.

    please reply and suggest relevant lay

  47. Our full society has been purchased by a IT company on a out rate basis….how long does it take for paper work to be completed and when shall we receive out token money..

    pls advice…

  48. wE want 2 go in 4 redevelopment but v r not sure abt the new GR of the MhADA due 2 which the developers are not willing 2 go ahEAD with this redevelopment progrAMME. HENCE I REQUEST U 2 KINDLY MAKE CLEAR AS 2 WHAT IS IN THE MINDS OF MHADa and whether we stand a chance as r bldging is in very bad state and needs redevelopment bADLY BUT unless the builders APPROCHING US r sure abt whether they have 2 pay premium or share the flATS A t the desired proportion LAID down by mhada, in between the public is put under pressure and left in the docks. so please clarify and sent reply

  49. Sir,
    I stay in old chawl. Before 14 years our builders demolish chawl and shifted us into transist camp promising us that he construct new building in 3 years. Now 15 years laps still he not construct new building also the transist camp where he shifted us that camp position is also very durty and danger .How can we fight with our builder.Builder name is R.M.Bhatter Developer and articht is Kapadia( having office in worli). Please guide me.

  50. Dear Sir,can u provide me list of documents require for DC Rule 33(7) and which type of NOC require for start the project.Thanks & Regards

  51. Dear Sir,
    Our Building has been redeveloped. The builder has registered the development agrrement, is it necessary to register & pay stamp duty on Individual agreement for the area difference. If yes please let me know the calculation.

  52. In redevelopment of mhada building, the builder gives corpus fund say something 25 lakhs, my question was is there any tax on corpus fund

  53. Dear Sir,
    This is to inform you that we are staying in pagadi system building but the bulider has come to our place now he is the owner also  from past seven year and yet he has not developed the building kindly helps us.

  54. I am S.Janardan , l am living in South Mumbai . I have a small residetial room ( Approx 225 Sqft ) in newly reconstructed Building & I am intersted to convert it to commercial for Uses like Tution Classes , Office Permise etc . Is this possible in BMC ( mumbai ) rule with the legel procedure? Can you help me for regarding this matter ? & if Yes , How much time will be taken by BMC ( mumbai ) for this prosedure ? Thanks.

    Regards,

    Janardan S.

  55. Mine is a Tenanted Flat constructed in 1930. The buildind is come up for Redevelopment and there are 7 tenants plus a Bank operating on the Ground Floor. Could you clarify the following. The Landlord has appointed a Developer and says the tenants have no say in selecting a Developer of their choice. The Developer has promised the Tenants an additional area of 160 sq.ft by way of providing FLOWER BEDS. Is this acceptable? Lastly I would like to know what is the Corpus Amount calculated on and can tenants ask for more? Hoping for a reply to my questions.

  56. we soc members want to develop our 1962 building which was located in dadar. what will be fsi we will get. under dc rule 33(6)

  57. Sir, the Building i am staying is very old the ownership of the land is in dispute,my father has been a tenant for
    last 60 years. we tenants want to go for redevelopment,but since landlordship is in dispute no builders want to work with us. can any one suggest,a way ?there are only three tenants staying right now.rest have shifted.Please advice.

  58. my  ownership society is auction by BMC due to default in payment of property tax by our society member, so now what is possition of member to sale his flat or not .  BMC  property tax is now in favour of purchaser in bmc auction name insead of society name .water and electric bill is still in society name.we also pay this regularly time to time now.

  59. if O.C is not acquired by the society can they get deemed conveyance and if not can we vacate house for redevelopment.

  60. I am the lone wolf who wants to conduct repairs in my building, while the others want to go to redevelopment some for space reasons, some because they don’t want to spend money to fix up their flats, some on account of apathy, and some expecting kickbacks from the builder as is normally the case.

    If I continue to say no, what could be the course of action I should expect?

    Also, is there a checklist of questions to ask the builder or to vet each proposal? If it ends up going that far, what is the best way to make sure the legal language in an agreement is as it should be? Where would I find the rules encompassing such redevelopment of old buildings that define constraints and responsibilities on each party. Each builder uses their own format to write up quotations, and since my building is considering so many of these, I would like to understand what are the issues a redevelopment effort faces.

    Thank you very much.

    Alex

  61. MHADA has recently announced 2.5 times FSI for its buildings.  However, it is learn that MHADA is not going to take up the responsibility for development and handing over the charge of new flats to those who allow to demolish their construction and permit to build new.   How far it is fair on the part of MHADA  to proclaim such scheme without accepting responsibility for its completion.

  62. Our building is under redevelopment, in this case builder are not showing us BMC apporval plan for our building. Please advaice me, wheather we submit our original aggrement to builder or not

  63. Sir, as per TPS 1966, datum line of eligibility is 1-1-1976 and as per SRA scheme datum line of eligibility is 1-1-1995. and no chain is accepted for the said eligibility. request u to guide me that what is the difference between datum line under TPS and SRA scheme. As there is two original plot was there where under TPS-V one final plot created by merging two original plot. where Plot one is having Gr+3 building and second plot is having chawl (prior to 1960-61) systems which older than the plot one building. BMC is given notice for demolition of chawl and every one residing on the said structure is non eligibal. i am awaited for you advice of diff between TPS and SRA datum line.

  64. sir, wat is a rule for a redevelopment of a building for a tenant means “pagadi” land n hw much xtra land  a builder should giv to der tenants. Also land owner is in partnershp wid builder 

  65. Dear Sir,

    can u provide me list of documents require for DC Rule 33(7) and which type of NOC require for start the project. suppose builder is declined our demand after clean up area, then how can stay on project from one individual tenant or more than tenants. pls reply me ASAP.

    Thanks & Regards

  66. my builder is proposing redevelopment of our building. the building is only 12 years old. he says he has extra FSI. The other thing is that the building is not seisemic proof. We are ten flat owners. The building has 12 flats and two of the owners have purchased two flats oech. The builder says that each flat will get about 3oo sq ft approx in addition to existing area and if any flat owner do not want the extra 300 sq ft. the cost of this will be calculated & it will be utilised in the reconstruction of his flat. No cash will be given. If any one requires the additional area he should pay for it at the market rate. ie Rs 3800.oo/Sq.ft. Also he is not providing alternate accommodation during the construction time saying he cannot offord. He is planning 5 floors with four flats in each floor. We are 10 flat owners. that means he will have 10 flats to cell at the market rate. Also he is not talking about the cash to be given to the old flat owners and not accepting to pay the rent for the owners when they vacate their flats for redevelopment and move to rented premises. How do we flat owners handle this situation. Please guide. All are interested in redevelopment.

  67. how to find out wether our society is a stilt society or not, what is the difference betwen open stilt & semi open stilt. In our society ground floor is half occoupied by flat & the front half is stilt for parking.

  68. most of the people in our society are ready for reconstruction of the society by the builder but there are few who are not interested .Please advice me how can i handle them and is there any provision for this in uttar pradesh because I ve not heard of any redevelopment of housing society in UP

  69. Sr. No 14(pt) and cts 19(pt) M ward west .i am staying at Tilak nagar chembure, let me now the our plot will be under which scheme for redevlpment of the majada give the comlete details

  70. Sr. No 14(pt) and cts 19(pt) M ward west .i am staying at Tilak nagar chembure, let me now the our plot will be under which scheme for redevlpment of the mahada give the comlete details let me know the documents required for the redevelopment. total members is 64 out of that 7 memb was not given consent letter can start the redev. by the developers

  71. Sir, Provide me the list of legal documents from the developers and from the society is required for the redevelopment project of the mahada building

  72. Sir,
    Parking policy:There is the judgement of the highcourt that the Society is not a authrised to sell the parking place to the developers or to the flate owners
    there is Judgement of the high court is applicable

  73. Sir,
    Parking policy:There is the judgement of the highcourt that the Society is not a authrised to sell the parking place to the developers or to the flate owner
    there is Judgement of the supreme court is applicable

  74. I was purchased a shop from the last 5 years from the Society in Mahada building, ther are A wing for old tenants and B wing for the salable new tantent
    till today member of the b wing Resi & commercial will not get the share certificate b;cause of the dispute of the A & B wing who is responsible for that? MC of the soc, Developers, Mahada ?

  75. The Trasure is not shown any outstanding liabilities from last ten years, after he become a secretary without any legal procedure and verbally saying that ther is the outstanding liabilities from the year 2005 and never shown in the any past balance sheet till today one advocate of the same building is involved in this matter which kind of the legal action should be taken on that Secretary/Advocate as per the Maharashtra societys act and How the M.C of the soci is making a frowd with the members.

  76. Its the case of the Mahada Building in Tilak nagar ar The Trasure is not shown any outstanding liabilities from last ten years, during his post of the MC. after he become a secretary without taken the members into confidence any legal procedure and verbally saying that ther is the outstanding liabilities from the 10 year and never shown in the any past audited balance sheet till today one advocate of the same building is involved in this matter Sec. was given Indimenity Bond to the Mah. Soci and Mahada which kind of the legal action should be taken on that Secretary/Advocate as per the Maharashtra societys act and How the M.C of the soci is making a frowd with the members.I s possiable to laying a frowd case on the M.C.

  77. Its the case of the Mahada Building at Tilak nagar. The Trasure is not shown any outstanding liabilities from last ten years, during his post of the MC. after he become a secretary without taken the members into confidence any legal procedure and verbally saying that ther is the outstanding liabilities from the 10 year and never shown in the any past audited balance sheet till today one advocate of the same building is involved in this matter Sec. was given Indimenity Bond to the Mah. Soci and Mahada which kind of the legal action should be taken on that Secretary/Advocate as per the Maharashtra societys act and How the M.C of the soci is making a frowd with the members.I s possiable to laying a frowd case on the M.C. as humanity the secretary give the resign from the M.c of the said Society

  78. i am having plot in mumbai suppose 10 acre. then what will be sharing ratio when other is the financer for devlopment.

  79. we the society are in search of the financer for redevelopment of our dilapidated buiding situated at Ghatkopar East

  80. I HAVE PURCHASED TWO ADJOINING PENT HOUSE IN 18 STORIED BUILDING FOR WHICH OCCUPATION CERTIFICATE IS ALREADY RECEIVED AND SOCIETY IS ALSO ALREADY TAKEN OVER CHARGE FROM BUILDERS.
    SINCE I HAVE TWO PENTHOUSES AND THERE IS TWO STAIRCASE MADE OF STEEL . NOW I WANT TO REMOVE ONE STAIRCASE (SO I DO NOT HAVE TO CUT THE SLAB) AND WILLING TO INSTALL HOME ELEVATOR ( WILL WORK ON SINGLE FACE EIGHTER HYDRAULICK OR GERALESS MOTORS).
    DO IN NEED BMC PERMISSION FOR SAME? PLEASE REPLY.
    THANKS
    ANIL AGARWAL

  81. Suppose we want to redevelope our bilding which is constructed by MHADA in 1965 can we give to the private builder for re-developement.

  82. Sir,
    I live in Kolkata and I stay a rented house from 80 years back  and the tenancy bill was named my grand father but after his death my father was gone to change the name for his but landlord refused (old landlord was sale to a new landlord ) . Then my father paid the rent to the rent control and continue  left two years he is died and now the landlord want to redevelop the property and asking for agreement of draft so can you tell me sir what points are necessary to made a agreement of draft? Which is risk less for us? presently I stay with my mother and  Under the same landlord we have a shop , it has individual bill , it also be paid in rent control. Presently we face with  economical problem and fear from lost place. Please help  to safe.    

  83. have a room in mumbai kalbadevi area consisting of 10 rooms-2 floors (pagdi system.). My building is very old. and about to be demolished in 2 or 3 years time. plz suggest what will i get after the demolish. i.e the total area of room, rent, and any other information to my knowledge.

  84. Please let me know. Whether a tenant looses his rights if the structure is demolished by the Municipal corporation

  85. Our building has gone for redevelopment and has reached a stage to get convenyence. the flat owned by us is in my father’s name (now he is no more). Now while registring for the new redeveloped building, we wish to change it to my name, and all the other members of house, mother, brother, sister and myself have prepare a NOC to that effect but not registered. With this document can we still change it to my name or we need to register it with some modified clauses and release the title. Can you give me a detailed procedure for such a change in name and how much will it cost. As the builder says it is easy to get the name changed now otherwise it will be in the name of all 4 of us.

  86. sir , i am residing in Mumbai . our society is already redeveloped once . After 30 years 2nd redevelopment is initiated by the developer . . .so the query is for 2nd redevelopment project  will i be entitled for additional FSI(floor space index) benefit and am i entitled to receive additional compensation ?if yes how much FSI . . .( i am flat owner )

  87. Dear Sir,
    I am staing in below address premises since 36 years. and she expired, and I am staying with my mother at the deathe of her till today. And my landord has collect rent from me till September year 1010 and now purposly he is not taking rent from us and tryin go hareshmnet to vacat th primises in short time! So can you guide me what shall I do? in my building all oter tenent have been vacted but due to my finacial condition I have not vacted the premises. So please gide me what shall I do? Vinu N. Shah. 15, B, Navroji Lane, 6, Omkar Building, Ghatkopar (W) Mumbai – 400086

  88. I like to know , on redevelopement of a socciety, what is extra FSI granted to-day, for society in vile parle-east

  89. we are searching for gud Builders for the redevelopment of our old buildings.
    There are total 55 rooms in three buildings which is located in ” kanjur marg- east, bhandari co-operative housing society, ganesh prasad , opposite sbi bank ATM , Mumbai 42 ..
    We had already given adds n news paper still no response .
    If possible plz suggest us.

  90. If the building is sold on ourite basis 70% members are going outrite and 30 % not, in that case whether tendering proceedure is required.

    Lalitha

  91. I am staying at grant road new chikalwadi N.B. rd. mumbai 400007, in my area old chawls hasbeen already Developed from 1987 to 2006 constructed new bldgs. now again residential peoples are demanded to demolish all constructed bldg s and Redevelop all bldgs Local peoples are introducing developer and builder. but this property is under MHADA . Is it possible to redevelop above property

  92. Dear Sir, in our almost 60 years old society most of the members are agreeable for redevelopment. However the secretary of the managing committee is against it for the reason only known to him. The other members of the managing committee do not have courage to oppose or persuade him. As all the members of society are aged, they do not know how to move forward. This secretary does not allow this item of “redevelopment of society “to come on agenda and hence does not allow discussion on it in AGM. He also tells that without approval from him and the managing committee he will not recognise any subcommittee working for the redevelopment of the society. He keeps on collecting funds for repair of the society. These repairs make only cosmetic changes in the society but he succeeds in pushing the issue of redevelopments by 2-3 years. He also threatens to resign and the aged members feel helpless as they cannot take the burden of running the society due to their advance age. In such case is there any legal way to bring this item of redevelopment on agenda without any friction with this secretary. I hear that a proposal of redevelopment can be submitted with signature of 25% of members. Is this correct? Could you help us with the contents of the draft for such proposal and any rule or society act to justify this fact? We will need to convince him to accept this proposal. Awaiting reply Thanks in advance and regards, Shrikant

  93. What is procedure of builder after the tenants consent r signed 1st he gets the iod or 1st he vacates the tenants from the bldg pls reply 

  94. Our buildig in Tilak Nagar MHADA society, redeveloped under demolition and reconstruction basis and the developer has given possession for occupying 81 flats in 2 wings during 2007. However the old 36 tenants have their own old society and 45 new flat owners and 13 shop owners who already occupied the premises have not been granted with the society membership till now. For this reason, the new purchasers in the A wing is running common utility expenses (lift repair/maintenance, security, common electricity etc are managed seperately. The society have a dispute with the builder for petty reason and filed a case against builder. The builder and the existing society are behaving irresponsible for getting lift licence, water meter and payment of Property tax etc, The BMC already issued attachment order due to outstanding on property tax account in which the new purchasers have already cleared their share. The society is mismanaged by the Chairman and there is infight between the Chairman and Secretary due to manipulation of account. They says unless they get OC and the whole premises handed over by the builder to the society, they cannot admit the new purchasers as members of the society. There cannot be a chance to get OC in the near future in the TILAK NAGAR due to MHADA and BMC disputes. In such situation what is the option available to new purchasers. Do we have the right to approach the Dy Registrar of Co-operative Societies (for MHADA Societies) for intervention in the matter. Do we have option for registering with flat owners association.

  95. We 320 tenent shastri nagar Dadabhai road (Linking Road ) extn santacruz west mum 54 
    living on above address from last 55 yrs and now we want redevlopment
    almost 75% tenent r ready for devlopment but before that  of work has to form society register today we want to know is BMC ready for private redevlopment which will benefitted both (B.M.C) as well as tenant we r Ready if B.M.C ( MUMBAI) READY to take the colony. forfor 30 yrs of lease plz reply if its possible as soon as possible

  96. Dear Sir
    We Request You That Please Clear That My Old Carpet Area Is 305 Sq.ft Which Stamp Duty & Registeration Has Already Done If I Will Go In Redevolpment Than Builder Will  Extention The Flat & Extention Area Stamp Duty Will Pay By Builder Ok But Again We have To Pay Old Carpet Area Stamp Duty or Contruction Cost

  97. Does SRA developed buildings go for redevelopment after completion of 10 years or more? if yes where shall I get information.

  98. if a building is in a very bad state, and the tenants want re-developmment, though the land lords oppose the same for obvious reasons , as they want their land back, what steps should the tenants take to see the rights are maintained and the building goes under redevelopment , as they are living in a very dangerous state, where in the structure can collapse any time….. pl advice

  99. my building constructed by mhada under pmgp scheme, now redevelopment process started, developer asking irrevocable concerns, on what ground we should sign the same( development agreement should registered before signing the concern) your help required, thanks

  100. Hi,

    Our Building (Landlord system) went into redevelopment and we got our possession 2 years back. Our builder only handed over the Flat keys to us without any documentation. We still don’t have any document about our flat. Please inform us what are document required to collect from builder. Do we need to ask for any other document, as we want to sell off our flat,

    Also, who shall bear the stamp duty & registration and Electricity bill transfer cost, as currently we are receiving light bill on builder’s name.

  101. dear sir,
    we have two flats in mumbai city, which is in now in redevloping plan, we didnot get our rent of this year.
    suggestion is required.
    thank u

  102. Is there a notification from Govt of Maharashtra stating that for development under 33(7), Amount to be deposited as Corpus Fund should be equivalent to 10 years maintenance after obtaining the OC for the rehabilitated tenants in the new Society.

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