Role of an advocate in redevelopment aggrement
Neelachandra
(Querist) 08 August 2011
This query is : Resolved
hi all
this is my first query on this lawyersclubindia regarding the following mention subject with reference to Maharashtra State
1. What is the role of an Advocate in preparing the redevelopment agreement?
2. Is there any guideline given by Maharashtra Government for the preparation of the above mention document.
3. What are points to take into consideration to make the above document foolproof to safeguard the interests of the parties between whom the document is sign.
Thanks All in advance
R.Ramachandran
(Expert) 08 August 2011
Dear Mr. Neelachandra,
There may not be any guidelines from Maharashtra Government in this regard.
However, based on the various case laws that might have been decided touching upon the terms and conditions in the Re-Development Agreements, the lacunae if any pointed out by the courts, and the interpretations of the terms if any done by the Courts, one should take care to draft such agreements to safeguard the interets of the parties, so that there is no ambiguous terms and conditions etc.
Advocate Rajkumarlaxman
(Expert) 08 August 2011
There are rules of MHADA if doing redevelopment which are to be observed by the builders and tenants. if ts SRA then also there are guidelines for the same. You have to see whether your property is going for development or redevelopment and as stated if it for redevelopment then there are certain guidelines to be followed by as per the area and location of the Mumbai and Sub-urbs of Mumbai. where the property belong to in question.
R.Ramachandran
(Expert) 08 August 2011
Dear Mr. Rajkumar,
Thanks for pointing out about the existence of certain guidelines from MHADA. I stand corrected.
prabhakar singh
(Expert) 08 August 2011
opinion expressed by Expert Advocate Rajkumarlaxman correct in particulars of the query in hand but opinion of Expert R.Ramachandran should always be kept in mind drafting any agreement.
In fact when it comes to us as duty to draft any agreement ,the first thing we should look
what parties want,then if the agreement parties want to reduce is subject to any law,rule and regulation,then we should check with those agreements confirm the law or not,if not,we should let it know parties with alternative lawfully possible suggestions,and then after confirming this all we should proceed to draft with taking notice of available judicial precedence.
ajay sethi
(Expert) 08 August 2011
1)you have not mentioned whether the redevelopment is in respect of land owned by cooperative society? or whether its an SRA project? or any other .
2)the answer to your query would depend upon facts of each case
3) Mr prabhakar singh has summarised the precautions lawyers take in drafting agreement
