Tenure of tenancy

MDK - Wish the best ! (Querist) 14 December 2020 This query is : Resolved
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This query has been resolved with following outcomes -

1- Tenants and residents with Tenure Tenancy agreement has all rights of negotiations per 1969 Rehabilitation act and 1996 revision
2- Under 1996 version TT residents has right to secure discount in additional SQFT as developer is subject to additional FSI while reallocating flats to original occupants in the new building
3- Tenants should negotiate with builder for construction cost on original SQFT where as TT residents should get complete area as is SQFT without paying even construction cost. TT residents to pay construction cost on additional SQFT after negotiations with the builder.
4- One car park for min 2bhk structure must be given FREE for TT residents and tenants with discounted cost.
5- Builder must provide FULL of TT resident choice of temporary housing arrangement in the SAME locality for complete construction period to TT residents (Vacate to final reoccupation post OC letter). Tenants must get fixed per SQFT rent for the same (may negotiate for fixed per SQFT rent with builder).
6- Builder must provide detailed project plan (signed) and POA from original owner/ society to all TT residents and tenants before initiating any redevelopment process with original occupants.
7- All terms and conditions must be agreed with all tenants and TT residents BEFORE starting any paperwork towards redevelopment permits.
8- proof of bank guarantee must be shown and copy must be given to original occupants/society before starting any vacating and reoccupation agreements.

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Quick Summary

Tenants and residents with a Tenure Tenancy agreement have significant rights during redevelopment, as outlined by the 1969 and 1996 Rehabilitation Acts. These rights include negotiating discounts on additional square footage, receiving full area without construction costs on original square footage, and securing free or discounted car parking. Builders must also provide suitable temporary housing in the same locality and present a detailed project plan and bank guarantee before commencing any redevelopment.

Isaac Gabriel (Expert) 14 December 2020
There cannot be any change in the tenancy and the redevelopment could also bo made in thei respective name without any tilt int tenancy roghts.

Rajendra K Goyal (Expert) 26 December 2020
It would be better to show all related documents to local lawyer and discuss in detail.

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