Sir, We are going under redevelopment 33(7) its BMC land TP Plot. Inventory list for the same plot of tenants is prepared by the BMC department. My auntys structure is existing on the plot and it is declared as non-eligible in the list(No reason mentioned).But in the Annexure II her name is not inserted. We have proof of 1.1.1995 to prove the eligibility. Documents submitted to BMC but no ans from them. Presently it is occupied by my sister as my aunty pass away. All documents like electricity bill, Voter Card for same room no is transfered to my sister name till date. Now the developer want us to leave the place he is ready to make an agreement for the said room. Is there any chance that he will cheat. What type of agreement to be prepared with him. Who will give the Allotment Letter. The room is non-eligible is there any chances that BMC or Society to take action afterwards. Please guide for the same
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1)if the room is non eligible builder cannot offer you room in redeveloped building
2) builder can always later refuse to offer you room as you were not eligible for the room
3) ask builder to pay you for vacating the room . then with said money purchase another room
4) in alternative file RTI application with BMC as to what action has been taken on your complaint that you have been wrongly declared as non eligible in spite of having proof of 1995 that you were resident in said premises
In the case of redevelopment, a development agreement is executed between the society and the developer on the land owned by the society by using available FSI, TDR, etc. The deal usually includes provision of new flats with additional area to the existing members at no cost. The consideration for redevelopment of the plot of land may also include rent, corpus, shifting charges.
However, with regard to the immovable property by way of new houses in the new project provided by the builder to the existing members as laid in the Development Agreement, a separate agreement – a ‘Permanent Alternative Accommodation Agreement’ – has to be executed.
The Permanent Alternative Accommodation Agreement provides the much-needed legal standing to the flat purchaser that the new flat number, area, etc., is identified. Also, in the case of the developer failing to fulfill his commitment or breach of sorts, flat purchasers can initiate necessary legal actions against the builder under Maharashtra Ownership Flats Act, 1963.
You have to find out the reason that why your aunt's structure on the plot is declared as non-eligible from the authorities.
Once an agreement is made by paying the necessary stamp duty and getting it registered, the builder cannot cheat or withdraw from the agreement.
As per the amendment in Article 25(d) of the Schedule 1 of the Bombay Stamp Act 1958, even if the society gives an allotment letter in respect of the new flat in the new building, the same will be treated as an agreement and applicable stamp duty will have to be paid. It is, hence, mandatory to get the agreement executed for the new flat with the builder.
