1) you cannot demand shop instead of flats 

2) 

Builders redeveloping tenant-occupied properties in the suburbs and extended suburbs will receive 50% incentive

floor space index

(FSI). If the required FSI for rehabilitating existing tenants is 4, the developer will get an additional FSI of 2 for the free sale component. If a plot consists of a tenant-occupied building along with a cooperative housing society (ownership) building, FSI available will be equal to the FSI required for rehabilitation of tenants, plus 50% incentive FSI. The developer will also get FSI utilized or consumed by the society building

3) Each tenant will receive a new flat with a minimum size of 300 sq ft and a maximum of 753 sq ft.

1. Since the property is a private property, the Tenants are bound by the mutually agreeable settlement deed between the Land lord and the Tenant.

2. There is no separate criteria for extra area or commercial area in lieu of residential flat and there is no benefit to builder for giving free.  All this points are a matter of proper negotiation between land lord & Tenant  AND landlord & builder. 

3. Usually depending on availability of FSI and TDR, the tenant are entitled to approx. 30% extra, provided the same is a housing society.

There is calculation that 30 to 35% hike from present room measurement should provide to tenant who are leaving as per the old tenant law.

But you can demand shop instead of room. shop are commercial and you're living in the residence so yo're not entitled for to ask shop instead of flat.

Flat you should get 260 sq ft  and 275 sq ft approximately that also carpet area.

Tenants are to room of same size. And about shop instead of rooms, than this will decide by mutual settlement and not as a matter of right.

NO benefit from got. but from house owner, HE may either get development fees or space in building.

1. tenants cannot demand commercial premises from owner/builder

2. builder has to provide new flats having carpet area as stated in the relevant development control rules under which the builder is undertaking the redevelopment 

3. in case of commercial premises, the new shop has to be of a carpet area not less than the area of the old shop

1. Wen a property is redeveloped then the existing tenant is entitled to get only such area which is found to have been available in the approved building plan in proportion to his earlier area .

2. Now the area and location must be the same as before.

3. Now if the tenant wishes to have bigger area or different location then he can ask for it at the available market price .

4. in other words the tenants is not legally entitled to get more than what ans where he had his tenanted pressies located. 

The rules further state that the tenants are entitled to get more area than they currently occupy—minimum area will be 300 sq ft and maximum 1,292 sq ft—free of cost. If their area crosses the maximum cap, the tenant will have to pay construction cost of the additional area to the landowner.

 In the case of tenanted buildings in suburbs, the redevelopment initiatives has to be taken by the land owner. It is normally the land owner who engages the developer and the developer agrees to give the tenants the ownership rights in the new building of the same area or with little additional area. In the case of tenanted building, the entire rights of redevelopment is with the land owner. If the same is in Mumbai City (South Mumbai) and cess building, the consent of 70% tenants is required to start the redevelopment including the NOC from the land owner. In the case of cess building, every tenants gets the area as prescribed in Development Control Rules 33(7). According to this tenants having less than 300 sq. feet will get 300 Sq Feet carpet area, Tenants having 300 to 753 Sq. Feet shall get the existing area and tenants having more than 753 sq. feet shall get maximum 753 Sq. Feet carpet area. Further all the tenants will get ownership flats in the new building including the fungible FSI of 35%.

Now, government has introduced a new development Control Rules numbered as 33(7A) which is applicable to Suburban District of Mumbai. According to this, now the tenants will be able to get all the benefits like cess building in south Mumbai.

- However , Maharashtra having its own rule for the old tenants. 

Thanks for your appreciation 

You're welcome for your appreciations.

You need to first see the said woman and then  decide what 

1. Tenant cannot as a matter of right demand more than what is being offered to him.

2. No right subsists in a tenant to claim anything greater than the existing premises in which he is a tenant.

tenant cannot demand for commercial shop. 

The tenants will get at least 300 sq ft to maximum 1,292 sq ft area.

You can seek phone consultation from any lawyer on this website . 

1. Yes tenant can demand shop instead of flat in the developed building. 

2. For that tenant should execute the agreement before vacating the premises.