• Redvelopment

We are in the redevelopment process. There was MOU done in 2008 where the builder had given 450 sqft and 225 sqft additional because our existing area was 390 sqft as compared to other tenants, our area was bigger. I have to pay for additional 225 areas when the project is completed. He wanted us to vacate our house before LOI/IOD/CC. I did not vacate the house and he was upset with me. We had to complain the illegalities to the authorities in return the authorities informed the builder and made the situation worst. He has gained the majority and his IOD is approved but the CC is rejected. Through BMC he has issued the 48 hours notice and vacated our house and demolished it. My house was vacated one day before my agreement(Notary and not registered) was done with 400 sqft. He has reduced the area for all. I am in loss of 275 sqft. When the notice was served we had appealed the authority to give 2 months time to get the agreement and proper alternate accommodation to be done. We were back fire and house was demolished by BMC due to our complain to Commissioner. Now we have come to know the Asst. Commissioner is also transferred. He has given us the12 months rent but from other tenants we have come to know that initially he gives 12 months rent but after the year is complete he gives 3 months rent. His financial status is not strong as he is dependent on the investors for this project. As I fall in minority I am not able to fight. How do I get my rights back. What are the points where I can fight for.
Asked 4 years ago in Property Law
Religion: Christian

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13 Answers

1) Need to check your MOU and agreement, plus individual agreement with builder and what is mentioned in it. How much sq ft you were living and how much you will be getting after completion of project plus what would be the amenities etc

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) call upon builder to register your agreement wherein he is offering you 400 square feet flat

2) check whether builder has registered project with RERA

3) if builder fails to pay you rent you can sue the builder to recover rent arrears

4)if builder delays delivery of possession you can claim compensation for delay in delivery of possession

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

the PAAA should have been signed before vacating

the agreement states new flat area as 400 sq.ft. which is less than what was promised in the MOU - then why did you sign this agreement?

for the rent part you cannot object. Your objection can be raised only when he defaults. So far as the builder is giving the rent cheques and honoring them when presented for payment, no objection can be raised on the ground that for subsequent year he is giving rent for 3 months and not for whole year

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Sir give a legal notice to builder for difference in area then MOU, further you should not have signed the agreement if the area was less in that condition you should call upon him now to register the area in your name.

Further for rent now no objection in case of default or delay compensation can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can send a legal notice through lawyer for non payment of rent and file a civil suit in jurisdiction court for recovery of money along with interest.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If he has offered you more area and you have something in writing to show. File a writ petition in HC and show the illegalities. You may not get stay but atleast the legalities may be end.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Redevelopment of buildings in Mumbai witness a number of issues, lack of cooperation from the tenants being one of the many. If market news is to be believed,an 80-year old building in Takumalni wadi chawl, located near Malad-Marve Road, is unable to undergo reconstruction since one of its tenants refuse to allow redevelopment.

Forcible eviction from private buildings cannot be executed by a municipal authority since it is not legally possible. According to the Mumbai Municipal Corporation Act of 1888, BMC cannot enforce forcible eviction of a any tenant from private buildings. In this regard, the BMC has invoked the National Disaster Management Act of tenants from dangerous and dilapidated private buildings.

Certain factors are required to be considered while selecting a developer for a housing project. According to key property consultants, few aspects often overlooked while choosing a builder, includes:

Corpus amount

Shifting charges

Carpet area offered to every tenant

FSI

Penalties

Alternative accommodation.

you can approach civil court for remedies against the grievances.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Police will not take this up in normal circunscircum as civil matter you can approach the BMC for rent and further can file a suit.to claim the rent amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) As per redevelopment agreement if builder have agree that during period of construction he will pay rent of ur flat then he is bound to pay it.

2) If he is not paying rent file case in district consumer court for recovery of rent and compensation for the dames u suffer for non payment of rent by builder.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Police would not intervene as it is a civil dispute 

 

you can complain to BMC If rent is not being paid to tenants 

 

approach RERA if project is registered with RERA 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You can make a written representation before BMC and vent out your grievances.

The solution and remedy is before the BMC and not with police.

 

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

complain to BMC 

If no action then file a writ petition in High Court

you can also complain to local police 

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

all the above issues if projected in the writ petition the hc will issue appropriate writs to BMC and other aithorities.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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