• Pagdi system

Dear Sir/Ma'am,

 My Pagdi property of 300 sqft is about/ in process of being redeveloped situated in vile parle west and a individual meeting is fixed with the developer. So can you'll please let me know what are the things I should remember while negotiating with the developer, for eg. how much more carpet are should i get extra, all clauses which as a tenent will help me make a strong negotiation with developer/Landlord related to the redevelopment agreement/paperwork and how to assure safety of our property as it should get completed within stipulated period etc. 

 Regards, & Thank you.
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Firslty, Sir, let me tell you that I really appreciate the steps of been taken for asking legal advice before getting into the agreement.

Secondly, you all need to get to know first the exact requirement and fund that you have to be invested.

Thirdly, thereafter try to put every clause as per your own interest in the larger scale in accordance with your own requirement.

Fourhtly, there is no specific rule for that it just that it all depends upon the need of your future project.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1) builder should offer you flat of 500 square feet on ownership basis after redevelopment

2) builder should pay rentals for alternative accommodation

3) period within which construction would be completed should be specified

4) clause for payment of penalty for delayed construction

5) builder should furnish bank guarantee to protect your interest

6) redevelopment agreement should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

pagdi flat can not be transferred by the tenants without the permission of the landlord. Only the landlord can transfer the rent receipt of a pagdi flat to the name of a new tenant, the previous tenant has to surrender his/her tenancy rights to the landlord with a registered document, then landlord makes a fresh document of tenancy in the name of the new tenant, which has also the be registered.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

Mention in the MoU the duration in which the developer will complete the project.

Failing which, mention the way of taking an exit.

Do include one arbitration clause in the agreement.

Get the same drafted from an advocate after the terms are defined between the parties.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1) You have to check how much FSI has been passed in your area accordingly that you have to ask your share of sq ft.

2) Than sign MOU with landlord, builder and tenants. In it all rules and regulations mention that when, how, construction will start, what builder is going to provide services and when construction is going to complete etc

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

1. Is your building under repair cess of MHADA?

2. If yes then your entitlements will be as per the DC rules.

3. Obviously tenants can negotiate for greater carpet area than what is stated in DC rules, in lieu of their consent to developer for redevelopment

4. MHADA will be governing body which will monitor and supervise the redevelopment

5. Ask for

Exact carpet area of new flat

Amenities in new flat and building

Time period for completion of redevelopment and handover of possession of new flat

Damages in case of delayed possession

Rent for temporary premises or if builder is providing temporary premises then where it would be

Brokerage fee for temporary premises

To and fro shifting charges

Corpus for taking care of maintenance of new flat

Car park if any

Builder should execute permanent alternative accommodation agreement with each tenant and register it

Other projects completed by builder successfully

Financial solvency of builder

Litigation pending against builder in all courts

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

Housing redevelopment refers to the process of reconstruction of a residential premise by demolition of the existing structure and construction of a new one as per approvals from the Municipal Corporation of Greater Mumbai (MCGM).

As per the terms of the agreement between the developer and the society in question, existing members of the society receive new flats in the reconstructed building of an area equal to or more than the area of their existing flats. But redevelopment can only take place if 75 percent of the members tender their consent.

Builder should be transparent, reliable and trustworthy. The most recommended way to choose a builder is to go by the tendering system,"

The contract should clearly mention the obligations of the builder and the society members and the penalty or consequences of any breach of the contract by either of the parties.

If the carpet area, as documented in the agreement, is not given by the builder, the owner can claim appropriate compensation through a consumer court by filing a complaint against the builder under the counts of Breach of Trust, Cheating, Unfair Trade Practice and Deficiency in Service,

The agreement should mention the time of completion of the project, the size of the new houses, the mode and nature of monetary compensation, if it's a one-time payment, reimbursement of rent, or a mix of both.The developer also has to offers a monthly compensation in advance along with the brokerage and transportation charge that the tenant has to incur while securing an alternate accommodation,

The monthly compensation should suitably be agreed upon, which is equivalent to the prevalent rate of rentals in the same vicinity. The developer usually pays post-dated cheques. In case this advance rental is dishonoured, the society has the right to prevent the builder from either selling or allowing any new flat purchaser to occupy their respective flats.

At the time of vacating the premises, all the members have to give consent and vacate as per the resolution passed in the general body meeting. In case, a member refuses to do so the society or the builder may move the competent court.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Hi,

You should see the possession rights papers, check the name of real owners and back chain of transfer of property etc, your rights after transfer etc,

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

This is my response to you:

1. Firstly you should know the municipal laws, property laws as well as the Maharashtra Rent Control Act;

2. You should know your rights as a tenant of the building and make sure that the landlord also understands it;

3. Also make sure that the landlord knows that he has to abide by the laws;

4. With respect to the builder make sure he enters into every single document with you and the builder;

5. Hope he gets the requisite permissions from the municipal authorities;

6. Make sure the builder gives you a written promise that larger area will be provided to you;

7. Read every line of the agreement and raise a doubt if you suspect something.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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