• To seek advice for the Surrender Plan of the flat Owned for the Redevelopment Project

I "Ashish Bhaskar Patwari" , aged 37 Yrs reside at City Dombivli of District Thane & Taluka Kalyan.. My father had purchased the flat which used to be there in area Dattanagar , Ayre Road of Dombivli City. The name of the Building was "Heramb Building". In past few years, the redevelopment project was planned for the same building and the agenda for the same was given by Owner of the Building , Sanjay Gadgil to every flat owner of the Building. The Building was declared as in Danger in year 2018 of Month February. It was demolished in the year 2021 of month August and the certificate for the same is acquired from K.D.M.C. in the year 2021 of month November. When the building was to be demolished , my family was not sent any notice by court and rather the notice was sent to Owner of the Building. I do not know whether the notice was sent to any of other Flat Owner in the Building. My father Mr. Bhaskar S. Patwari did expire on date Sep 29, 2012. In the year 2014, when we had decided to rent the said flat on Leave & License basis , we all legal heirs have signed NOC to allot the said flat to our mother Name Smt. Usha Bhaskar Patwari. The indemnity Bond and Affidavit was signed by my mother for the Building which was to give on rent. In today's date, I and my mother need to surrender from the Redevelopment project because, we do not have sufficient funds to pay for the project. The builder is ready to make agreement with my mother for the sale of above said flat irrespective of the fact that the Building and Flat which was built upon the land does not exists. Is it possible to carry out deed in such case ? What steps do I need to follow while performing this deed ? 
	Need your opinion for the issue discussed above.
Asked 11 days ago in Property Law
Religion: Hindu

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5 Answers

Agreement for sale should be stamped and registered 

 

take all payment by cheque only 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

For the present you can enter into a sale agreement for a consideration amount that can be negotiated with the developer and get it registered.

In that the background facts of redevelopment can also be mentioned and the terms for handing over the constructed flat may be mentioned based on the completion of the construction by the developer.

T Kalaiselvan
Advocate, Vellore
75051 Answers
1263 Consultations

5.0 on 5.0

Yes deed can be carried out in above circumstances

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1. if Sanjay Gadgil is the owner of the building then i think that there are tenants occupying their respective flats in the building and not 'flat owners'

2. you need to clarify on that

3. i assume a society is not formed

4. there cannot be an individual who is an owner of the building having flats owned by the occupants

5.generally a building is owned by a society of flat purchasers who are the members of the society

6. i think in your case Sanjay Gadgil is the owner of the land on which the building was constructed but the conveyance was not executed nor a society was formed

7. if the building was demolished as it was declared danger and then redevelopment is to happen then the tenants/flat owners should be getting new flats in the rehab building free of cost. however if the tenants/flat owners ask for more carpet area than their entitlements under the law, only then they are liable to pay the cost of construction for that excess carpet area

8. i need more clarification on your query

9. if you want to exit from the project then you can do that but it should be against payment of consideration to the legal heirs of your father or payment to your mother alone since all other legal heirs have no objection against that 

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

As a flat-owner, your late father had an undivided share (UDS, for short) in the plot of land over which the flats were constructed. Even after demolition of the apartment complex, his right is not extinguished. Look at the sale deed to ascertain the UDS portion. After your father's death, in the absence of any Will, your mother, your siblings and you shall have equal share in this UDS. If the UDS is to be sold, all of you have to execute the sale deed.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

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