Tenants rights in redeveopment of property
Dhaval Gohil
(Querist) 14 April 2018
This query is : Resolved
My chawl is located in Thane District. Its almost 100 yrs old with 8 tenants 300 sqft house each and was owned by a TRUST. Recently the trust has given the rent collection and redevelopment rights to a Builder. The builder now interested in redeveloping however he is asking us to take cash and move out or giving space in some other locality which is far away. We need your support to understand our rights, My Questions: 1) Is 390sqft ok or we can ask for more - around 450 ? . 2) We do not want to move out of our current locality and need developed flats at same space.. what should be our stand ? 3) what are our rights in such case ? 4) builder is asking us to pay development charges for the area which we currently occupy.. is that fair ask ? 5) we have told them that we need 390 carpet MIN and whoever needs extra can pay additional.
Kishor Mehta
(Expert) 14 April 2018
It is the right of a legal tenant to demand a flat of the same area, as he occupies at present, in the new redeveloped building. The builder usually offers the flat, of an equal area, on ownership basis. You have to pay for the extra area that you demand. You should not pay any development charge for the area currently under your occupation
Ms.Usha Kapoor
(Expert) 15 April 2018
I agree with Kishor Mehta and nothing more to say.
Dr J C Vashista
(Expert) 15 April 2018
Pay more for excess area i.e., 450 minus 390 sq.ft.
You can seek alternative accommodation since the building has to be reconstructed.
You need not pay anything for redevelopment/reconstruction.
Q 3 to 5 are subjective, seek advise of a local tutor.
Sri Vijayan.A
(Expert) 15 April 2018
It is an usage, not a right, to demand a flat in the redeveloped building.
To answer your question, we have to see the terms and conditions of your tenancy agreement (rental agreement).
As it is a old building of a century old, it has to be demolished and rebuilt. as an existing tenant you may have preference to demand space in the new building.
Demand the builder, accept the amicable settlement. Be ready to pay for any additional space, if allotted.
Nothing to more to add.
