• Development agreement

Hello sir,
our builder has done the development agreement(da) and they also taken conveyance
as per 
bmc structure report our building falls in c1
all the society members applied for the structure report building falls in c2-b 

after the bmc structure report .

COMMITTEE MEMBERS ARE WITH BUILDERS THEY DIDN'T TELL US ABOUT THE BUILDER.

SOCIETY MEMBERS ARE ALSO NOW IN STRESS BECAUSE BMC HAS GIVE THEM NOTICE AS PER THEY STRUCTURE REPORT.

DEVELOPMENT AGREEMENT HAS BEEN DONE IN 5YRS AGO IT MEANS IN 2015 STILL HE HAS NOT DEVELOP THE BUILDING 

DEVELOPMENT AGREEMENT IS REGISTERED 

SOCIETY MEMBERS DIDN'T HAVE ANY INDIVIDUAL AGREEMENT 

 MUMBAI

PLEASE REVERT BACK THANK YOU
Asked 6 years ago in Property Law
Religion: Muslim

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7 Answers

File a writ  petition in hc against buikder and society

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

It is necessary to peruse development agreement signed by builder 

 

2) obtain copy of development agreement executed by builder with society from sub registrar office 

 

3) if developer has not carried out any work society can terminate the development agreement 

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

How many members are there in your society?

How many are for the development through this builder and how many are against any development by this builder?

If there are conflicting reports on structural audit then matter will go to TAC

Once the TAC decision is out, BMC can implement its demolition notice

But the question is how many are opposed to redevelopment because that is what will weigh before the Court

And why didn't committee take any steps to enforce the DA when it was done way back in 2015 and why didn't the members raise any objection

This matter cannot be simple 

When there are so many people involved, all will have their own reasons. There may be groups formed within the society 

So the advise can be given considering the totality of circumstances and not from a mere query here

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Without examine development agreement not possible to give you exact relief..

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File suit of specific performance.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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.

Redevelopment is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee of the society, which is why society members should always appoint a lawyer before signing a contract with the builder."Builder should be transparent, reliable and trustworthy

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. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised.

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 offer a monthly compensation in advance along with the brokerage and transportation charge that the tenant has to incur while securing an alternate accommodation.

The developer usually pays post-dated cheques. In case this advance rental is dishonored, the society has the right to prevent the builder from either selling or allowing any new flat purchaser to occupy their respective flats.

The individual agreement may not be there but the society members can sue the developer individually or collectively also and seek the demand through consumer forum from the builder.

You may discuss with a local advocate and proceed legally on this.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

1.  Majority of the Society members can remove and change the Managing Committee and form a new Mg.committee.

2.  The Mg.committee can issue a legal notice to the builder to start the work or the redevelopment contract is cancelled /revoked.  The Mumbai High Court, in a judgement decided that Redevelopment Agreement can be revoked, IF builder has delayed the project.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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