Our firm was alloted VLT at mumbai in 1946 . Since then the commercial structure is in the possession of our company. Many partners left the partnership on dissolution and similarly two partners joined the firm. Now the two partners are the occupants of the commercial structure on the above VLT . Our whole area is gone under cluster redevelopment and the mcgm is terminating the VLT and converting it to Building tenancy. Now the question is since the VLT is in the name of the Company and we are the partners do we need to apply for attornment. If yes what will be the charges levied by the mcgm for the same . Also the area in the assessment department of mcgm records is less compared to that actually occupied by us. So which area would be acceptable
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Dear,
This is nothing, but harsh abuse of power of municipality. Once you transfer your right
you don't have any right for development and other things in that property. All right's
automatically transferred in the hand's of municipality.
You should immediately moved against BMC before Mumbai high court by way of writ.
Dear Client,
Once VLTs are terminated,the title of the land remains with BMC,and has the powers to either re-develop the plots or carry out development of amenities for which the plots were reserved.
How come comapny consists of partners instead of directors. Well, attornment will be on behalf of company/partnership with BMC by authorized representative.
Under a new proposed policy,the VLT larger plots (over 300 sq m) will remain on rent,but at market rates.
Area recorded in records, neither need to disclose excess area to avoid, unwarranted extra rent.
Main purpose for redevelopment is - BMC is getting measly rent for property worth thousands of crore.
1. what is VLT?
2. transfer from company to partners will require assignment of rights with consent of NOC
3. Charges for transfer only the BMC can tell. Do you have any document for grant of VLT by BMC?
4. The area reflecting in sanctioned plans will prevail. If the area in assessment department is different from the area stated in sanctioned plans, then this needs to be brought to the notice of BMC to rectify their records in accordance with sanctioned plans
5. the area under occupation may also include other enclosed areas which are not included in sanctioned plans, unless prior permission of BMC was taken to include the additional area by submitting amended building plans
Now the question is since the VLT is in the name of the Company and we are the partners do we need to apply for attornment. If yes what will be the charges levied by the mcgm for the same .
As partners of the company you need to apply for allotment as per the instructions contained thereon.
Also the area in the assessment department of mcgm records is less compared to that actually occupied by us. So which area would be acceptable
The area as per records only will be accepted.
What would be the attornment charges
Your existing area will be applicable. Attornment will be required. Charges applicable can be inquired through concerned ward office
Attornment aims to protect a lessee's interests in the premises. Further, it also protects the rights, benefits and entitlements of both lessee and transferee under the existing lease.
'To attorn' means to acknowledge the relationship of a tenant with a new landlord. Therefore, 'attornment' by the tenant means acceptance of the new owner as landlord and estopping the tenant to dispute the landlord's title thereafter.\
The applicable charges for attornment may be enquired from the concerned office of the authority.