redevelopment
Querist :
Anonymous
(Querist) 31 March 2010
This query is : Resolved
SIR,
WE ARE STAYING IN PUGHARI SYSTEM IN MUMBAI , REDEVELOPMENT PROCESS WILL BE START IN NEAR FUTURE, SO PLEASE GUIDE ON FOLLOWING OR PLEASE SUGGEST THE BOOK WHICH GUIDE AND FOCUS ON FOLLOWING POINTS AND REDEVELOPMENT RULES, ACTS DEVELOPMENT REGULATION CONTROLS AND LATEST JUDGEMENT AND TAXATION. EFFECT ON REDEVELOPMENT.
1) FOR REDEVELOPMENT WHAT IS THE PROCEEDURE?
2) HOW MANY MAJORITIES REQUIRED FOR REDEVELOPMENT?
3) IF MAJORITY AGREES TO JOIN REDEVELOPMENT, WHAT IS THE STAND OF NON-COOPERATIVE TENANT?
4) WHAT MINIMUM AND UPTO WHAT MAXIMUM CARPET AREA SHOULD TENANT GET?
5) SHOULD TENANT GET NEW ACCOMODATION WITH GALLRY/BALCONY?
6) IF MANAGING COMMITTEE IS APPOINTED WHAT ARE THEIR RIGHTS AND DUTIES?
7) WHAT ARE RIGHTS AND DUTIES OF DEVELOPERS/BUILDERS?
8) ON WHAT GROUIND MANAGING COMMITTEE CAN BE DISSOLVED? CAN TENANT CAN FILE A SUIT AGST THEM ON ANY NEGLIGENCE?
9) ONCE CONSENT GIVEN BY TENANT FOR REDEVELOPMENT, THEY CAN WITHDRAW THE CONSENT FOR REDEVELOPMENT? ON WHAT GROUND AND UNDER WHAT CIRCUMSTANCES?
10) WHAT IS THE BASIS OF CORPUS FUND?
11) IS CORPUS FUND GIVEN TO TENANT IS TAXABLE INCOME?
12) REIMBURSEMENT OF RENT WHILE EVICTION FOR REDEVELOPMENT IS TAXABLE?
13) TRANSFER OF TENANCY RIGHT TO OWNERSHIP RIGHT IS TAXABLE UNDER THE HAED CAPITAL GAIN?
14) WHAT IS THE IMPECT OF SERVICE TAX ON TRNASFER OF TENANCY RIGHT TO OWNSERSHIP RIGHT AS THE BUILDER/DEVELOPER IS JUST PROVIDING SERVICES TO OLD TENANT ON ACCOMMODATION GROUND UNDER REDEVELOPMENT SCHEME, THERE IS NO COST OF ACQUISITION AND CONSIDERATION INVOLVED IN IT.?
15) VAT EFFECT ON TRANSFER OF TENANCY TO OWNERSHIP RIGHT
16) WHAT IS THE BASIS OF BANK GURANTEE?
17) FOR ANY REASON, IF REDEVELOPMENT PROCESS IS STOPPED, WHAT TENANT CAN DO AGAINST DEVELOPER/BUILDERS?
Devajyoti Barman
(Expert) 02 November 2010
First clarify with whom such redevelopment process is going on and what are its terms and conditions?
