For redevelopment of property tenders have to be floated 

2) redevelopment has to be approved in AGM 

3)  holder has to enter into development agreement t with flat owners 

4) if majority of flat owners are in favour building would go in fir redevelopment and development agreement signed by builder with flat owners 

5) redevelopment would not be stayed if majority favour redevelopment 

6) builder cannot file partition suit as all flats are independent 

7) property would not be auctioned 

8) legal fees vary friending upon lawyer engaged by you 

0) litigation is long drawn and expensive proposition 

You're dealing with a common yet complex issue in Delhi involving builder-floor redevelopments where a builder acquires majority units (5 of 8, possibly 6 soon) and pressures remaining dissenting owners (DOs) into selling. Legally, if the builder claims the property as undivided (due to no OC, CC, or sanctioned plan), he may file a partition suit and seek a court-ordered auction. In such cases, there’s a real risk of undervaluation, especially if the builder influences the valuation process. This has happened in past Delhi cases, where court-supervised sales favored builders due to low reserve prices. To protect your interests, DOs should immediately file caveats in local and High Court, issue a legal notice asserting ownership rights, and file RTIs with MCD/DDA regarding building legality. If partition or auction is initiated, demand a court-appointed independent valuer and request High Court supervision for transparency. Filing a writ petition under Article 226 is a strong option if there's coercion or procedural unfairness. While litigation may stretch 5–10 years with costs ranging ₹5–30 lakhs, resisting can lead to higher compensation or better redevelopment terms. Joint legal action by DOs improves your position significantly.

1. The builder may move court for partition since the building has no OC or CC besides there are two dissenting owners for redevelopment. In that case the DOs would be made as parties to the suit, they can then challenge the suit filed by him on merits and can oppose the valuer or commissioner recommended by the builder, instead they can request the court to appoint independent valuer or a commissioner.

2. Any person who intends to grasp the properties by any illegal means can adopt any type of strategy including the under valuation of the property therefore it is not an uncommon situation.  you need to exercise cautionary measures accordingly. 

3. A builder cannot unilaterally demand a partition of independent flats solely based on owning a majority share, as each flat owner has a right to their property and a proportionate share in the land. This UDS ensures that apartment owners are the legal holders of the land, providing rights in common spaces, and the overall property. Partitioning a property involves dividing it into separate, independent units. While a builder may have a majority share, they cannot unilaterally force a partition or redevelopment of independent flats without the consent of all the flat owners.

4. Insofar as the time taken for disposal of the case by lower courts till supreme court, is an enigmatic situation, nobody can predict the time taken at different levels or each level owing to various factors involved in the  court cases across India. 

In cases of disputes or redevelopment, the UDS ownership is vital, as it helps in asserting claims. 

The builder therefore cannot bring the properties into a partition suit, because it is not maintainable as the properties / flats are already partitioned into individual units

It’s better to first get the feasibility report of the said plan and what is the potential which is likely to be received by the members for the said project. Whether builder is getting all the permissions for the said project before your vacation. If there is a discrepancy then approach Hc in writ petition for the same

As each apartment is owned independently, build is helpless unless he acquires ownership of title through a proper transfer by execution of sale deed. Even one owner by refusing to sale his apartment can prevent builder from proceedings with possession of all complex. It is matter of determination of individual apartment owners that will force builder to settle the  matter on terms of apartment owners/Dos. Hold your ground, he will come on knees.

1. MCD Sealing/Demolition

• Yes, MCD can seal or demolish unauthorised buildings (no OC/CC).

• But land ownership remains with existing flat owners.

• You can jointly rebuild without the builder if you form an RWA/society.

2. Can Builder Redevelop His Flats Alone?

• No — builder cannot redevelop or demolish his flats in a standing co-owned building without others’ consent.

• Only minor repairs are allowed. Structural changes = illegal.

• You can get a court injunction to stop any such activity.

3. Legal Protection & Remedies

• File a caveat in local and High Court.

• Send a legal notice asserting your rights.

• File RTIs to MCD/DDA for transparency.

• Lodge police complaints if there’s coercion or threats.

• If MCD acts unfairly, file a writ petition in High Court.

4. On Partition & Auction

• You’re correct — individual registration means builder cannot force auction of the whole property.

• Partition suits are unlikely to succeed in this context.

5. Is Holding Out Effective?

• Yes — resisting undervalued offers and being ready for legal action is legally sound.

• It helps secure better terms or compensation over time.

If Demolished

• Owners keep land rights.

• You can rebuild jointly without builder’s involvement.

Builder cannot redevelop building unless all flats are demolished 

If unauthorised construction has been dine said floor can be demolished by authorities 

yiur understanding is correct 

amicable settlement is best option 

1. There is no question of demolition of construction. Builder cannot take advantage of his mischief. A building of 30 years old cannot be demolished.
2. Approach High Court of Bombay against the pressure tactics of builder. You have a good case against him. you will get every relief.

The builder's threats for a complaint to the MCD about the demolition by authorities are just created for the purpose of scaring you and get rid of the property. 

The builder cannot do the redevelopment of his own flats when all the flats are combined and in the same structure especially if other flat owners are not willing to go for this redevelopment.

The builder cannot demolish his flats which are coexisting with other flats, in case he is threatening constantly about this, you may issue a legal notice instructing him to refrain from issuing such legal threats failing which you can approach civil court and obtain an order of temporary injunction in a suit for permanent injunction against the developer. 

You are right in your understanding that for ce auction of the entire building is legally not tenable.

If the threat still persist then you can approah civil court with a suit for permanent injunction or high court with a petition to stall his proposed proceedings.  

Filing a suit in city civil court or writ petition in Hc is only solution