B Shrishankar 17 April 2024

Flat allotment process in redevelopment

Housing Society of 2 wings 24 members undergoing redevelopment process in Mumbai sub. DA with developer not yet signed. Managing Committee and Developer seem to have acted in collusion to pre-determine flat allotment. No agreed due process has been followed in SGM to that effect, members wanting more space over and above as promised in redevelopment being favored. How does the flat allotment process generally work or is it completely arbitrary and controlled by the developer. As an affected member what remedies do I have to ensure transparency and full disclosure by the managing committee and the developer in this matter. How can I protect my interests without impeding the redevelopment process which I'm in favor of.

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Quick Summary

This discussion addresses concerns about the flat allotment process during housing society redevelopment, particularly in Mumbai. A member suspects collusion between the Managing Committee and developer, leading to unfair allocation favouring some residents. The advice suggests issuing legal notices for transparency and potentially filing a suit if other members are also affected. It also highlights that flat allotment is typically based on proportionate land share outlined in the Development Agreement and subsequent sale agreements.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 18 April 2024

You can issue a legal notice to the builder as well as to the MC demanding the disclosure of the entire process of redevelopment and also transperancy of all the activities.

Dr. J C Vashista (Advocate ) 18 April 2024

Are you (only yourself) affected by such a decision / action of MC and builder ? If so, issue legal notice followed by a suit for mandatory and permanent injunction.

if some more members / residents are affected get togather and pressurise the MC and builder to accept your terms.

Mr. Sumitra kumar (Advocate) 18 April 2024

With Flats, proportionate share in land is alloted which is mentioned in DA(Development Agreement), The agreement for sale of Flat mentions the area and accordingly distributed.

Thank you.