Redevlopment on leasehold land
Raj
(Querist) 27 November 2012
This query is : Resolved
I purchased a flat in a society in 1968 which was constructed on a lease hold land, the lease being for the period of 98 years and further renewable for 98 years. The land belongs to a man who expired somewhere in the 80's. The land has still not been transferred in any name and remains in the name of the deceased due to unknown reasons. An executor of the state was appointed who expired 2 years back. Now there are more than 10 legal hiers who have their other personal disputes.
Today the society building being 45 years old stands in a depliated state with huge cracks in the ground floor support pillars and beams. Society members cannot afford 23000 sqft built carpet area reconstruction as it will cost a lot of time and money. Many redevelopment and outright sale proposals have been offered. One of the son's of deceased landlord is uncooperative and demands an amount which cannot be met by any developer and the society members. I know of other societies with exact same issue where the lessor has settled for a reasonable demand. There are 36 families at risk. Kindly advice.
ajay sethi
(Expert) 27 November 2012
leasehold lan on which society stand belongs to the lessor . without the consent of lessor redevelopment proposal is jinxed .
in such a case advisable to carry out structural repairs . appoint a structural engineer to carry out survey and submit his report . then call a meeting of members of society for carrying out structrual repairs
