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Rera and redevelopment of society

(Querist) 14 May 2018 This query is : Resolved 
Sir,
OURS IS A PRIVATE CHS IN MUMBAI.UNDER REDEVELOPMENT.
WE HAVE BEEN ADVISED BY OUR DEVELOPER THAT BETWEEN 1ST JULY -31ST AUG 2018 WE HAVE TO VACATE THE PREMISES.
HE ASSURED THAT HE WILL EXECUTE PERSONNEL AGREEMENT AND REGISTER IT.
HE INFORMS THAT AFTER MEMBERS VACATING THE FLATS HE WILL DEMOLISH THE BUILDING AND THEREAFTER HE WILL GET THE PROJECT REGISTERED UNDER RERA.
I HAVE POINTED OUT TO SECRETARY THAT PROJECT SHOULD BE REGISTERD FIRST UNDER RERA AND THERE AFTER WE WILL VACATE.
SECRETARY INFORMED THAT FOR REDEVELOPMENT PROJECTS RERA REGISTRATION IS DONE AFTER DEMOLITION.
PLEASE GUIDE ME IN THE MATTER WHAT IS MEMBERS SAFETY IF IT IS NOT REGISTERD FOR IUNLIMITED PERIOD AS HE IS GOING TO DEMOLSH.

MAJORITY MEMBERS HAVE AGREED AND READY FOR VACATING HOWCAN I SAFEGUARD MY INTEREST.
PLEASE ADVISE .
REGARDS
JAYESH CHOKSI


P. Venu (Expert) 15 May 2018
Is the Builder executing the agreement with the CHS or with each flat owner separately?
rajeev sharma (Expert) 15 May 2018
Rera Act as such does not provide specific solutions to the problem. But a recent notification by Maharashtra RERA has laid down a policy in this regard. You may visit Maharera site and see that. Since regulations in RERA is state matter hence it will be better if you you consult a local RERA expert
Ms.Usha Kapoor (Expert) 16 May 2018
YOUR P[PROJECT FOR REDEVELOPMENT HAS NOT BEEN REGISTERED . in STATE'S LIKE HIMACHAL PRADESH iT IS COMJPULSORY TO REGISTER WITH RERA.PlEASE READ BELOW:

The minister said RERA aimed at making the registration of real estate project compulsory besides imposing liability on the promoter to pay such compensation to the allottees as provided in the Act.
The Real Estate Regulation and Development Act, 2016 makes it obligatory on the part of the builders not to book, sell or offer for sale, or invite persons to purchase any plot, apartment of building, as the case may be, in any real estate project without registering the real estate project with the authority, he added.
tags #Business #markets

i'M ALSO OF THE OPINION THAT IN ALL STATES AND UTS REGISTRATION WITH RERA SHOULD BE MADE COMPULSORY AND IN CASE OF ANY GRIEVANCE FLAT OWNERS CAN APPROACH RERA.
Ms.Usha Kapoor (Expert) 16 May 2018
So y6ou can complain as an aggrieved party all your grievances regarding implementation of RERA to RERA or an adjudicating officer.
R.Ramachandran (Expert) 16 May 2018
Ms. Usha Kapoor:
Have some mercy.
The querist simply asks whether their proposed Redevelopment Project is required to be Registered first under RERA before the demolition of the building takes place, or after the demolition of the building as being told by the Society and the Builder.
This is the limited query.
But your answer is nowhere near the query.
You have dumped rubbish here - of whatever that you have come across on RERA.
Your answer starts by saying "When and how should you file a complaint under RERA?" and goes on and on with no relevance to the query.
When the Project itself has not been registered under RERA, where is the question of any Complaint?
Why do you rush to answer, before even understanding a Query?
Why do you try to answer when you do not have an appropriate answer to the Query?
YOU CLAIM TO BE AN EXPERT WITH LOT OF EXPERIENCE - but sorry to say, unfortunately, your answers belie that claim.
Ms.Usha Kapoor (Expert) 16 May 2018
That itself is violation of RERA. When the project itself is not registered with RERA then that itself is violation of RERA. For that also you can levy penalties under RERA.That querist wanted some solution to his problem. Hence i provide4d the solution or complaint mechanism.
Ms.Usha Kapoor (Expert) 16 May 2018
Mr..Ramachandran,
I've changed the answer..
R.Ramachandran (Expert) 16 May 2018
Ms. Usha Kapoor:
Thanks.
vswaminathan (Expert) 22 May 2018
INSTANT
For my FEED / input > https://www.facebook.com/swaminathanv3/posts/1678312488911697
courtesy
Kishor Mehta (Expert) 24 May 2018
It will be in the interests of the Society to get the conveyance to the plot of land in its name, before proceeding for redevelopment..
JAYESH CHOKSI (Querist) 24 May 2018
kishore sir,
Conveyance of plot is already done.
Question is rera registration is first or building demolition is first to be done


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