• Redevelopment of dilapidated building

My Father owns G+3 building 28 years now it's Dilapidated my father died 4 months ago Muncipalti forced us to leave our homes we cannot fight with them not a single person of my building stand against Muncipalti we accept our defeat we leave houses in 2 days. After 2 days Muncipalti come and did small damage to building so we couldn't come back on that building. Now Here comes the main part  there are some pagri owners later they give slight extra money and turn pagri into ownership about 20 years back now members in my building living in G+2   wants to redevelopment of building they wanted me to do society registration for I don't know much about it my relatives says don't do any kind of documentation with them I am just 20 years old they want to take advantage of my family conditions we owns 7/12 extract and every land document we pay Mortgage of land and everything they want my property to take over... What should I do i asked some lawyers in my locality they say file case against them my family said deal with peace don't take matter to court unless your being forced by them.... How to resolve it
Asked 5 months ago in Property Law from Bhiwandi, Maharashtra
Religion: Hindu
1) if building is in dilapidated condition muncipal corporation can call upon residents to evict the building as it is dangerous for the occupants of building 

2)if some flats are on rent they could not been converted into ownership without your father consent 

3) kindly clarify as to whether your father agreed to convert tenancy rights to ownership rights 

4) it is advisable to form cooperative housing society of residents of the building 

5) redevelopment is a win win situation for owners and tenants 
Ajay Sethi
Advocate, Mumbai
24777 Answers
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Hi
You should definitely go to court, get the help of a civil lawyer .
Municipality has asked to vacate the premise due to the dilapidated condition then it cannot allow the residents to continue
Is there any builder involved.  if the building is dilapidated and your father owned it , redevelopment is the option and you have the right to do that. 
It looks like some interested persons are involved in it who are eyeing on the property.
Dont agree for any society registration as the occupants will have the legal claim.
You should approach the court  and once the matter is decided you can go ahead and make a redevelopment agreement with any builder, or sell it , whichever the situation the present occupants will get their share 
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
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The only remedy is to file a suit for injunction against municipality. It is purely your call if you want to commence a legal battle or not.
Ashish Davessar
Advocate, Jaipur
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472 Consultations
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If the tenants (on pagdi), create continuous problem in this regard, you may handle the situation legally so that the record has been created.

You can go for redevelopment but do not form a society.

Let the property remain in your names itself.

You can redevelop at that time when you would require the property to be redeveloped, until then keep dodging the tenants about it and let them leave the place one by one. 
T Kalaiselvan
Advocate, Vellore
15314 Answers
139 Consultations
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1) tenanted flats have been converted Into ownership 20 years back 

2) if no society has been formed by you flat owners can approach registrar for formation of society without yiur consent 
Ajay Sethi
Advocate, Mumbai
24777 Answers
1328 Consultations
5.0 on 5.0
The society registration can be done with the consent of the majority of owners. 
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
5.0 on 5.0
You can obtain an injunction order agaisnt the decision by the tenants to form a society in the premises where your property is situated agaisnt the planned redevelopment program.

You should establish your ownership so that their decision is not going agaisnt your interest. 

You should immediately contact an advocate and file a permanent injunction suit agaisnt them to restrain them from proceeding with the proposed program of redevelopment. .
T Kalaiselvan
Advocate, Vellore
15314 Answers
139 Consultations
5.0 on 5.0

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