• Allotment Issue of floors for Redevelopment Project / Building in Mumbai

Our society is currently under redevelopment. There was a meeting called this week for allotment of flats for existing members by the Secretary. The old building had A and B wing (two buildings - 4 floors each) and will be merged to one building (12 floors). The allotment was not fairly conducted and the process was not made transparent. The secretary and chairman allotted members from ground floor to top floor (based on some friendship/personal preference) and some of us like the ones on the top floor were allotted lower level floors in the new building. Need advise to fight this injustice.

The second point, we were told one of the flats on the higher floor was sold to an existing member (he had a shop before and now wants to buy a flat). Can the builder sell the desirable higher floor to someone before the allocation to existing members?
Asked 3 years ago in Property Law
Religion: Hindu

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4 Answers

Allotment of flats should be transparent process 

 

in new building all lower floor flat owners can be allotted flats first then to flats on higher floors 

 

you can object to scheme of allotment 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The allotment of floor to the existing members and the sale of excess flats would be based on the agreement made with the builder in the redevelopment agreement.

You can submit your grievances to the society in writing and if the society is not accepting your genuine issues then you can approach  appellate authority to pass an order against the society.
If required you may approach the Hon'ble court for equitable allotment on draw basis.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Client,

You can submit your grievances to the society in writing and if the society is not accepting your genuine issues then you can appellate authority to pass an order against the society. If required you may approach the Hon'ble court for equitable allotment on draw basis.

More information is required regarding the terms and conditions of the agreement agreed upon by you and the redevelopment committee or the housing society.

It will depend upon the terms and conditions agreed upon by you and the committee before the society went into redevelopment.

100% consent of all the members is required before the Society can go ahead.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

He has to go as per development agreement. He need to first allot flats to existing tenants them allot saleable flats

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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