• Redevelopment of cessed building

We are tenants in 100 years old building owned by private owner. our forefathers had purchased the rooms many years before from said owner, however the owner is not ready to transfer receipts and rooms possessed by us (continued from forefathers) for more than 30 years. On asking to owner about such transfer he demands 6-7 lacs per rooms, which is beyond our capacity. 

Secondly he is not ready for "redevelopment or renovation or repair" of old building, which is under Catagory A-1 called cessed building as per declaration or new develpoment rules. He also do not entertain us for any discussionson any subject. 

We have mejority require by new rule i.e. 51% , however we have not form any society or not registered till date.

As building needs either renovation /repairs or redevelopment on very urgent basis, before building meets any unfortunate incident such as collapse in part or whole, we need your advice hence this question :

Question : we tenant, how to proceed for Redevelopment of old building of 100 years located in Centre Mumbai.

Thanks
Asked 3 years ago in Property Law
Religion: Hindu

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19 Answers

1. Yes. If the building is not in a proper or safe state then the tenants have right to apply for redevelopment. 

2. However since the building is big with several tenants then majority tenants can apply in court for such permission. 

3. The court on being satisfied with the situation can allow appointment of builder to cause such construction. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. A Minimum of 10 Tenants can form & register a Society or a Association and based such collective strength, inform the BMC that building needs Structural Audit.

STRUCTURAL AUDIT APPLICATION TO BMC

https://chshelpforum.com/doc-0007

2. AFTER structural audit report, either negotiate with Landlord or file Civil Suit for directions to landlord to redevelop the building and staking Title-Ownership claims of the existing held properties. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

MHADA can  acquire buildings by giving six months to the landlord and ex months notice to tenants or society 

 

if Landlord fails to redevelop the building MHADA can acquire building carry out redevelopment and complete the same within period of 3 years 

transit rent would be paid to tenants 

 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

5% owners’ consent enough for redeveloping old buildings in Maharashtra. Form association under apartment act and send notice to owner for redevelopment, repair or renovation.

If owner do not take appropriate step, gvot. Can take over the building.

Owners of a dilapidated building is responsible for not only civil but also criminal liability if any untoward incident happens regarding their structure. Approch High court for releif if no action after notice.

Can send notice without forming association also.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You first need to decide about majority through voting. Then you need to seek whether you need to go for self redevelopment or normal redevelopment. Later check for feasibility report from the architect by appointing Project management consultant. There is a guideline of Maharashtra govt for proceedings with the scheme of redevelopment, the necessary do and donts in the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Write to the local municipal corporation which will compel the landlord to repair building else file a declaratory suit.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Tenantable repair to building needs no permission
It is notified for the information of the public in general that the following items of work
categorized as “tenantable repairs” can be carried out without obtaining any permission from
the Municipal Corporation of Greater Mumbai (M.C.G.M.)

 

however, the new proposal will allow the tenants to shift walls or even break pillars and beams without prior authorization. The residential repair rules of the BMC prescribes that as per Section 342 of BMC Act, 1988 (amended till date), only some 'tenantable repairs', can be carried out without obtaining permissions from the 'Building and Factory' department of the local BMC such as plastering; painting of the flat; guniting the walls; changing floor tiles; repairing WC, bath or washing places; repairing or replacing drainage pipes, taps, manholes and other fittings; repairing or replacing sanitary, water plumbing or electrical fittings; replacing the roof with the same material and replacement of existing waterproofing material of the terrace.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

First approach high court making owner and mhada as party and than offer above option in court if mhada and owner dose not provide relief.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If mhada does not have the funds then the tenants can redevelop the building by forming a society

No consent of the owner is required

The society of tenants will have to apply to MHADA for getting a NOC for redevelopment 

Mhada will then make an application to the state government to acquire the property 

The society of tenants will have to pay to the owner for such acquisition as per the value decided by the land acquisition officer

Recently MHAD Act has been amended

If building is dangerous (C1) and BMC had issued a demolition notice then either the owner, society of tenants or repair board of Mhada can do the redevelopment 

If owner and Mhada are not doing it then the society of tenants can certainly do it 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

You need MHADA consent to go in for redevelopment 

 

form society of all tenants 

 

approach MHADA to furnish NOC for redevelopment 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes. You can do so but only with the consent of the court. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Client,

First you have to send a legal notice to owner for the same. If he dont takes any step, you may make complaint of the same to the concerned authority.   

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

- Since the landlord is not ready for redevelop the building , then all the tenants should form a society , and apply before MHADA for getting permission for the same. 

- Further , any property on which cess (tax) is charged for its repairs and maintenance by Mumbai Building Repairs and Reconstruction Board is called a cess property, and is eligible for re-development , and consent of at-least 70% occupants required for re-development.

- Further , proposed minimum carpet area to be given to tenant is 300 sq ft and maximum is 753 sq ft, and non-residential occupants would get same area as before.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. Individual members have no right to demand Redevelopment or appointment of Developer or  whatever....  Hence I had suggested you to get to gather and register an Society /Association, based on which you will be able to proceed further.

2. Once Society is registered, you will be able to proceed with or without  the consent of Landlord, by following due procedures of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If it's major work like removing and replacing walls and pillars than need to take BMC permission from structural audit engineer.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You can approach court if you have 51 percent majority

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dilapidated buildings on the verge of collapse are a grim reality for thousands of housing societies across Mumbai.

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).

The redevelopment process also causes inconvenience to the residents as they will have to look for alternative places to stay in while the builder demolishes the old building and constructs a new one. It usually takes the builder at least 18 to 24 months to complete a project with an extended grace period of six months in case of any adverse eventuality.

Redevelopment of old buildings or a complex of old buildings across the state can now be undertaken with consent from 51% of those owning apartments there, as opposed to consent of all owners earlier. This amendment to the Maharashtra Apartment Ownership Act (MAOA) was approved by President Ram Nath Kovind.

The amendment in the [Maharashtra] Apartment [Ownership] Act was carried out long back…which has now got the President’s assent. Now, whenever many of these buildings need redevelopment – excluding cessed buildings – consent of 51% of the residents would be required.”

It is in the right direction to facilitate reconstruction thousands of buildings in Mumbai, currently not being redeveloped due to consent and ownership issues. This is resulting into loss of lives owing to building collapse. The clearance of the bill will ensure speedy redevelopment of old buildings in Mumbai.”

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

It is in the right direction to facilitate reconstruction thousands of buildings in Mumbai, currently not being redeveloped due to consent and ownership issues. This is resulting into loss of lives owing to building collapse. The clearance of the bill will ensure speedy redevelopment of old buildings in Mumbai.”

The state govt has announced that redevelopment will be brought under the jurisdiction of ReRa, but it has not been implemented yet. However, according to Section-3 (2) C of ReRa Act, 2016, no registration of real estate project is required for the purpose of redevelopment.”

Cessed properties are those which tenants pass a cess to the housing authority, MHADA.  This cess is used for repairing such buildings.

For determination of the eligibility of the tenants, Inspection Extract from Municipal Corporation, approved map of non-cessed building by Building Proposal Department, occupancy certificate (OC), building completion certificate, date and number of connections given by electricity distribution company or the other documents which prove that tenant residing in the said building before June 13, 1996, will be accepted. If there is a legal transfer of the room in which the tenant resides, then documents of the earlier tenants and proof of a legal transfer will be required.

At least 51 per cent of the tenants should agree for the redevelopment and they will get at least 27.88 square meters (300 sq ft) to maximum120 square meters (1,292 square feet) area. The additional 50 per cent of the total area which will be given to tenants will be available for construction. So the developer or builder will get a financial benefit. Detailed information is made available on the website of www.mcgm.gov.in.

 



 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You can file suit against landlord and municipal corporation for redevelopment of building on ground that building is under risk of collapsing and majority of tenants are giving consent for redevelopment.

2. Court will go through evidence and order municipal corporation to carry out redevelopment.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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