Not possessing permanent alternate accomodation agreement

SURESH (Querist) 09 May 2021 This query is : Resolved
The old flat have moved to New flats with increased accomodation After Redevelopment,but have not received its new flat Permanent Alternate Accomodation Agreement of new flat having new flat number,and Area,Can we inform Sub Registrar of Assurances so that it appears in index 2 if someone is purchasing those flats

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Residents who have moved into new flats after redevelopment are facing issues as the builder has not provided the Permanent Alternate Accommodation Agreement. This agreement is crucial as it details the new flat number and area. While some suggest legal action against the builder and informing the Sub-Registrar, others advise seeking professional legal consultation to understand the redevelopment agreement terms and enforce rights.

SHIRISH PAWAR, 7738990900 (Expert) 09 May 2021
Hello,

You have to take legal action against the builder. If the builder is not giving possession of the new flat as per the agreement executed then you have to file a consumer complaint against the builder on the ground of deficiency of services.

Advocate Bhartesh goyal (Expert) 09 May 2021
I concur the opinion expressed by expert Shirish Pawar.

Pradipta Nath (Expert) 09 May 2021
You can inform the Registrar but please serve a legal notice to the builder as well.

kavksatyanarayana (Expert) 09 May 2021
To me, for the redevelopment of Flats, did the builder obtain the Plan approval from the authorities concerned? The changes made to old flats, with new flat number and measurements, a rectification deed for the old flat registered document. Or you have to obtain a redevelopment copy which shall be attached to the old registered flat document. What is the role of society? The society shall obtain on behalf of all the flat owners.

SURESH (Querist) 10 May 2021
The building is completed and has received OC,the members have occupied new flats,but Permanent Alternate Accomodation Agreement is not given for new flat by builder,the old flat owners want new share certificate with new flat number in lieu of old share certificate having old flat no.mentioned, without any Registered Agreement of new flats

Dr J C Vashista (Expert) 10 May 2021
The facts posted are slightly confusing. What do you intend to convey from the words "Permanent alternate accommodation agreement" ?
What are the terms and conditions of redevelopment agreement qua providing permanent alternate accommodation number in its agreement ?
It would be better to approach, consult and engage a local prudent lawyer for appreciation of facts / documents, forming proper opinion, professional advise and necessary proceeding.

Sankaranarayanan (Expert) 10 May 2021
I do stand with the expert Sri Kavksatyanarayan suggestion.

SURESH (Querist) 10 May 2021
Sir
There has to be a permanent Alternate Accommodation for the new flat which the builder gives with increased varea and corpus money,this Tripartite Agreement is done by builder individually with all old members with society also as signatory,to confirm what the new members will get after Redevelopment,if you don't do,then How can the old member enforce his right to new accomodation

P. Venu (Expert) 10 May 2021
Admittedly, the old members are already in occupation of the new apartment. In my understanding, it is for the Society to take of incidental aspects.

T. Kalaiselvan, Advocate (Expert) 11 May 2021
Redevelopment of apartment complex or residential or commercial premises has now assumed great significance. “Redevelopment” refers to the process of reconstruction of the residential/commercial premises by demolition of the existing structure and construction of a new structure.
A developer usually assures a certain amount of cash, an additional area or a mix of both. He may give an alternative accommodation for your temporary stay, foot your rentals or give you a monthly compensation, within which you have to find your temporary accommodation.
As for the home owners in that society, they receive new flats, of an area equal to or more than their existing flats, in the reconstructed building as per the agreement between the developer and the society in question.
Despite some of the pitfalls of redevelopment projects, it remains a lucrative field that is attracting many big real estate developers.

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