On redevelopment you are not entitled to terrace 

2) terrace forms part of common area for benefit of all members 

3) builder will check the previously sanctioned plans of your building 

4) society has to appoint project management consultant for redevlopment 

5) not mandatory for society to maintain a website 

6) if society is not responding to legal notice complain to registrar 

1. Assuming your flat is registered as an apartment and the apartment owners association is a registered body. If so, all occupants are owners. Thus, all of you own part of the land in the proportion of FSI consumed/used. Unless all of you agree and sign the agreement, redevelopment can not happen.

2. As per earlier DCR, terraces were allowed free of FSI. In unified DCR that are implemented in entire Maharashtra except Mumbai, they have proposed ancillary FSI and terrace too is counted. Now, it will not be beneficial to give terraces and yiu will notice that terraces are not planned in new upcoming buildings.it may not work economically viable to give built up area same as terrace area in the proposed new building. All of you have to sit together and work out a compromise formula by coming couple of steps closer to each other.

3. The redevelopment committee of the association will take care of it.

4. It is not mandatory for the society create a website for such activities, besides the communication sent through whatsapp is also a voluntary service and cannot be claimed as a right, it is you who have to regularly follow up with the society to know the updates.

5. If you are interested to escalate the matter through legal sources then you should have sent the legal notice by registered post and not through social media or whats app media.

The legal notice sent by registered post will certainly invoke response failing which yo can sue the association for deficiency in service

Dear Client,

1. Terrace Entitlement: If the terrace is part of the approved floor plan and you have paid stamp duty and registration fees for it, you have a legal claim to it. If the builder asserts that the terrace was illegally constructed, it is crucial to verify this claim with municipal records. However, since you have been paying stamp duty and registration, you may argue that you have legal possession. Obtain the approved building plan from the local municipal authority. This will clarify whether the terrace was legally constructed.
2. Physical Existence vs. Floor Plan: During redevelopment, the original approved floor plan is usually the determining factor for entitlements, not just the physical existence of features.
3. Measuring Apartment Square Footage: While it's not mandatory to appoint an architect specifically for measurement, accurate measurement of the property is essential to ensure you are being fairly compensated in the redevelopment process. You have the right to be fully informed about the redevelopment process, including the accurate size of your property.
4. Transparency and Communication: Under the Maharashtra Cooperative Societies Act, 1960, the managing committee has a duty to keep members informed. There is no specific law mandating the maintenance of a website, but effective communication is a legal expectation. You can lodge a complaint with the Registrar of Societies if the society fails to maintain transparency or adequately inform members.
5. Lack of Response to Legal Notice: If the society fails to respond to a legal notice, you can consider escalating the matter legally. You can file a complaint with the Registrar of Societies or approach the cooperative court. You may consider filing a civil suit for declaratory relief and/or damages, particularly if the builder or society refuses to honour your legal rights.

As the members have already vacated the building and are without homes, it is but obvious that the builder will try to take advantage of that situation 

Ordinarily even if there are violations to the sanctioned building plans,  the builder usually agrees to accommodate since the society has an upper hand. If majority members have violated the building plans then in order to get majority consent for redevelopment,  the builder even goes to the extent of offering extra area over and above the eligibility of the members, from his free sale component. However that happens only when the members have not yet vacated their premises 

In your case the society and its members do not have that upper hand in the negotiations with the builder 

Though the builder is legally right that he is liable to give area in the new building considering the sanctioned building plans of old building , but this is always a matter of contract and agreement between the society and the builder 

Just by paying property tax and maintenance for the premises (which have been unauthorizedly expanded and extended) the extra areas do not get legitimized. 

Even slum dwellers pay property tax...so would it mean that their hutments are legal structures ?

So in your case I would suggest to negotiate hard with the builder to make him provide also for the extra areas constructed or put up by the members 

Ofcourse all this is subject to project feasibility 

If due to giving area from the builder's sale component,  the project becomes inviable for him, then he would not show interest 

So the interest of both the builder and society need to be balanced 

draw attention of society MC to bye laws adopted by society which provide for appointment of PMC in case of redevelopment 

2) complain to registrar against society not following provisions of bye laws for redevelopment 

3) society should appoint structural auditor as to whether building can be repaired without going in for redevelopment 

The legal consequence that you would have to face would be that you will not be entitled to any extra area for the balcony if that didn't reflect in the sanctioned building plans 

As a purchaser you were required to do due diligence whether or not the property sought to be purchased by you was as per the plans. If there was any violation and deviations from the approved building plans then you ought to have brought that to the notice of the seller and accordingly negotiated with him 

In your case it appears the above exercise was not done 

Also under the transfer of property Act the seller has an obligation to disclose all material facts touching the property 

If those facts were not disclosed to you then you can sue the seller in case you have to incur any damages 

But filing a suit and pursuing it will be emotionally and financially draining. So decide accordingly 

As regards filing suit against the society, it will be very tough to succeed unless you can show by cogent materials that the society's committee and the builder are colluding with each other 

The situation now is that the building is going for redevelopment.

The seller has no rights to sell you the terrace because it is a common area.

is there  a registered sale deed for this terrace area also?

In unified DCR that are implemented in entire Maharashtra except Mumbai, they have proposed ancillary FSI and terrace too is counted

You may please note that terrace is free from FSi and builder had no authority to sell you terrace. the terrace which was sold to you earlier was for benefit of all members of society

Dear Client,

If the society is not adhering to proper procedures or failing in its duties, you can file a complaint with the Registrar of Cooperative Societies under the Maharashtra Cooperative Societies Act, 1960. The Registrar can investigate the complaint and direct the society to act in accordance with the law. You can take legal action against the society and its managing committee if they are not performing their duties. This may include filing a suit for specific performance, injunction, or damages if the society or its officials are acting in bad faith or violating the rules. If you believe that the balcony or terrace was legally constructed and the seller did not disclose any illegalities, you can pursue a claim for misrepresentation or fraud against the seller. This would involve filing a suit for breach of contract or misrepresentation in a civil court. If it is proven that the balcony or terrace was illegally constructed, you may face legal challenges including potential fines or the need to remove the illegal structure. Gather all relevant documents including the sale deed, previous correspondence, and any evidence supporting the legality of the balcony or terrace. Consult with a real estate attorney who represent you in legal proceedings.

What is the area mentioned in sake deed executed by builder in favour of original purchaser ?

what is area mentioned by BMC in assessment bill ?

The title deed on your name will indicate the actual extent of property purchased by you.

Any claim contradicting this fact cannot be claimed as a right.

1. Since, the apartment is going for the redevelopment , then the allotment will depend upon the sanctioned plan , and legally the builder has no right to sell /allot the common area like terrace. 

- However if the builder has indicated that they will adhere to the previous floor plan, then legally you are entitled to get the same. 

2. Floor Plan 

3. You can lodge a complaint against the society if they are not taking care of it. 

4. The consent of members are mandatory for the redevelopment and the society cannot dictate its rule and regulations , and if society is not working for the satisfaction of the members then a complaint can be filed before the Registrar. 

5. You can send the said legal notice by post