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Tenants rights in redevelopment

(Querist) 22 October 2014 This query is : Resolved 
Our building was very old and designated as dilapidated by BMC. The BMC had issued 5 notices for evacuation and landlord was not heeding to tenants request for repair.

During this time, the landlord sold the building and land to a builder, who is now the owner of the plot and the building. This was not communicated to the tenants, and till date there is no formal or legal communication of the same.

Upon insistence of the builder / landlord, all the tenants evacuated the building only on a promise of new flats on ownership basis and a notaried agreement that builder will demolish the building and give us the same carpet area we had earlier and also pay the rent for the duration of time it takes to build the new building. After we evacuated the building was demolished. The builder gave the tenants advance rent for one year, which includes one month of commission.

My queries are as follows:

1. Is there any prevailing law which states that the builder has to provide any minimum carpet over and above the current carpet area? Or is the builder liable to pass on some percentage of FSI benefits to tenants?

2. Can the tenants, who wish to buy any additional area over and above the allotted carpet, get a discounted rate per sq. ft.?

3. What are the rules if the tenant possesed two different numbered rooms with two separate rent receipts but a single electric meter? Are they entitled to two different rooms automatically?

4. Can the tenant split the total carpet possessed, and use it against any additional carpet in different rooms, that the tenant is purchasing in the new building being constructed? For example, if the tenant had 200 sq. ft. of existing carpet, and the new rooms are 220 sq. ft., can the tenant split 100 sq. ft. and adjust it against two new rooms by paying for 120 sq. ft. in two different new rooms being built?

7. When should a builder initiate permanent alternative agreement and other documentations with the tenants? Floor plans, allotment letters, etc.

7. Is the builder responsible to pay shifting charges also? Or Only rent?

8. Who should pay stamp duty & registration charges? Are the tenants expected to pay these charges for only additional area being bought or total area of the new flat? What are the charges in percentage for Stamp Duty, Registration and Tax in Mumbai?

Thanks.
ajay sethi (Expert) 23 October 2014
you should not have vacated the flats merely on basis of notarised agreement . if as per agreement it is mentioned that same carpet area would be provided as was in possession of tenants you cannot seek additional area .

as to whether tenants can get additional area at discounted rate it would depend upon the builder whether he is willing to do so . you cant force builder to give you additional area at discount .
ajay sethi (Expert) 23 October 2014
builder is bound to furnish copy of plans sanctioned by BMC . commencement certificate etc issued by BMC . builder is not bound to pay shifting charges etc .
T. Kalaiselvan, Advocate (Expert) 23 October 2014
Well explained by expert Mr. Ajay Sethi, I agree with his views.
Raj Kumar Makkad (Expert) 24 October 2014
The Maharashtra Housing and Area Development Act, 1986 deals with the entire issues you raised.

All your questions have lost its significance as the answer to those would have been obtained prior to your decision to vacate your building and accepting the notarized agreement (which otherwise has no value under the Act).

Anyway, hope for the best.
Fasthands (Querist) 25 October 2014
Thank you all for your responses and help.


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