Continuation: Apr 13, 2022 ( Sub : To seek advice for the Deed of Sale of previously existed flat ) I "Ashish Bhaskar Patwari", aged 38 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". My father Mr. Bhaskar S. Patwari did expire on date Sep 29, 2012. The flat was not transferred upon the name of legal heir. The said building was demolished in the year 2021 of month August.Hence, we all legal heirs gave an advertisement in the Newspaper dated Apr 23, 2022 ( News HUB and ThaneVaibhav) to transfer the rights for the sale of unobstructed land in the name of our mother. The certificate of legal heirship is received for the same from the lawyer. The Building was declared as in Danger in year 2018 of Month February & was demolished in the year 2021 of month August. The certificate of Demolition for the same is acquired from K.D.M.C. in the year 2021 of month November. Also, the Certificate is acquired from KDMC stating our unobstructed rights in case of Redevelopment Project dated Nov 10, 2021. When the building was to be demolished , my family was not sent any Legal 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. Now, because the above mentioned “Heramb” building does not exist, the Heirship Certificate obtained from lawyer do entitle us to contribute in Redevelopment Project. In today's date, me and my mother need to Surrender from the Redevelopment project because, we do not have sufficient funds to pay for the project. However, the lawyer said is that , when the building is demolished by K.D.M.C. , entire rights of flat owners are nullified upon the land where the building was residing previously. Further he said that, still the builder is ready to pay you the amount decided as a compromise for which the Deed of Compromise will be signed. I am completely unaware about the name of such deed named “Deed of Compromise”. Is it safe to carry out this deed ? Will this deed in future does not make any issue in terms of Payment Block because the same is considered as “Deed of Compromise” ? I shall be grateful to any one of you if you provide me your Email address so that I will Email you the respective documents obtained from KDMC and Certificate and Legal Notice published in Newspaper. I am ready to pay you the fees for the same.
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1) deed of compromise is deed of settlment between legal heirs and builder
2) what is the amount being offered by builder?
3) i presume your father had purchased flat by registered sale deed
4) on redevelopment legal heirs are entitled to one flat
5) you can obtain contact details of any lawyer from the website
6) seek phone consultation
- A Deed of Compromise is a formal written agreement between two parties for final settlement, hence the said Deed of Compromise is an agreement between you and the builder for the division of the property after the reconstruction of the demolished building.
- However, if your father has purchased that flat by way of a registered deed then after his demise , this flat will be devolved upon his legal heirs equally , and hence you can claim that flat after submitting the legal heirs certificate and death certificate .
- You can contact any lawyer of this website .
It appears that you are looking confused by understanding various irrelevant terminologies.
Firstly you identify the problem that you are facing patiently and then look for the solution to overcome the identified problem.
You can contact an advocate in the local and discuss in detail about the problems that you face and proceed through him if the suggestions made by him are convincing or you can contact any advocate of this forum to render you proper solution to your problem provided you post them with the correct and proper information related to your problem.
i am assuming that the subject flat was an ownership flat and not a tenanted property
the building was demolished because it had become dilapidated and dangerous. so the demolition was done by a human act and not by an act of God
if the demolition is not due to act of God [like earthquake, flood, etc.] then the rights of the flat owners would continue to subsist. they would not vanish in thin air as told to you by your lawyer. i disagree with your lawyer on that. i think what your lawyer meant was that the flat owners will have right over the land on which the old building stood. If he meant that then it is correct, because using the FSI of the land, a new building will be constructed in which rehab flats would be allotted to the occupants of the old building
now since your right in the old flat [which does not exist anymore] continues and subsist even despite the demolition of the building, you are entitled to a new rehab flat in the new building to be constructed by the builder on the land on which the old building was standing
since you do no wish to claim that new rehab flat as you have to bear certain cost of construction, you can very well give up your rights in favour of the builder for that rehab flat against payment of a lump sum consideration by the builder to you
this agreement can very well be recorded in the Deed of Compromise to be executed and signed with the builder
you can book a paid phone consultation with me. kanoon will provide you my details like mobile and email ID. Plz fix an appointment with me after paying the phone consultation charges. Any thing required to be done pursuant to the document to be signed between you and the builder, that will be charged extra
however i would advise you to pay the construction cost to the builder rather than surrendering your rights in the new rehab flat because the cost of the new flat would be much higher than the cost of construction that would have to pay to the builder for this project. so think on those lines and then take an informed decision.
It's better you execute other deed instead of deed of compromise.
Sir,
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