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Tenency redvelopment contraversies

(Querist) 29 May 2013 This query is : Resolved 
I recd a flat on ownership basis in lieu of my old tenency thro parmanent alternate accomodation agreement free of cost.
My old flat was of 700 sq ft
The develpoer given me 450 sq ft carpet
750sq.ft built up thro a agreement which is duly registered .
Now I came to know that the developer has not obtained necessary permission from bmc of the said Flat.

As soon as we realise the risk
We approached to developer& he admit his mistake. Now he is ready to give me a flat
In his new project free of cost. which will be ready by next 5 to 6 year.till he allow me to reside in same flat.
The new project is of his sister concern company.he is rea,WITHdy to make agreement of new flat also which is not ready possession.
the developer making a deed of shifting me to another flat & that flat will be purchased by him & the consideration which will be paid by him will be invested in the newly constructed flat of his sister concern project.
i feel afraid as on paper i lose both the flat & the possession of newly constructed flat is in 2018.although he is allowing verbally me to reside in the old flat which is not approved by bmc
What type of agreement we have to execute for our safety,kindly help.
MY FURTHER QUESTION IS THAT HOW CAN WE FORCE THE DEVELOPER TO EXECUTE THE AGREEMENT WHICH OUR PROFESSIONAL ADV.SUGGEST.
WHICH ARE THE OFFENCE THE DEVELOPER DONE AS PER CLAUSE,WITH US.
Devajyoti Barman (Expert) 29 May 2013
There is nothing to afraid f the agreement is properly drafted. Do engage a good local civil lawyer and get the document drafted or approved by him.
Raj Kumar Makkad (Expert) 29 May 2013
You should not take your decision on the basis of just oral statement/assurance of the builder rather should get everything in writing in the shape of duly registered agreement. The services of a local lawyer is a good idea.
JATIN SHAH (Querist) 30 May 2013
MY FURTHER QUESTION IS THAT HOW CAN WE FORCE THE DEVELOPER TO EXECUTE THE AGREEMENT WHICH OUR PROFESSIONAL ADV.SUGGEST.
WHICH ARE THE OFFENCE THE DEVELOPER DONE AS PER CLAUSE,WITH US.


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