Menaka Here (NA) 16 November 2014

Mumbai apartment redevelopment

Hi Experts,

We and our parents own an apartment each in a housing society in Mumbai. We are right now staying in Hyderabad, because of my and my husband's job. Our building in mumbai is only 18 years old, which went through a thorogh renovation with 1.5 -2 crore rupees 5 years ago.

We had a new secretary last year(previously my father was secretary). The new secretary has been pushing for redevelopment of the building. He has bring some unknow builder and got proposals for redevelopment. In the redevelopment we are just getting 15% more carpet area(a few more members who have smaller apartment are getting 25%), and there is no corpus fund/security deposit provided by the builder, only rent during the construction time which is 3 years and rental security deposit of 2 lakhs and developer will bear the govt charges like stamp duty+registrration etc. The consent letter which we were asked to sign is completely one sided(like irrevocable, only society members will be in touch with builder and their decision is final etc). My father being a secretary himself for many years, he straight away said no as he found its very risky and we would end us loosing our only apartments. Since my father said no, the society management are not informing us, and doing all redevelopment paper work without knowledge.

Only way we are getting to know is from a couple of residents in the apartment with whom my father is in touch with. Most of the residents are pretty ignorant and uneducated, they were told that building will collapse very soon(remember its just 18 years old, and we have through renovation 5 years ago with cost of 1-2 crore rupees).

We strongly feel the builder + secretary are in nexus given that background of secretary who runs grey market business. We are not able to understand what we need to do next, as it appears that secretary is going to get 75% of consent as majority of members are gullible and we staying away from the building, unable to influence anyone.

Please advice, would we forced to forgo apartment for a bad deal? Can we approach court even if we are minority stake holders? Personally we don't have problem with redevelopment, however (a) we are not getting fair deal as our apartment size is larger than majority of the members (b) builder is completely unknow, can't even find in google.

Thanks,

Menaka

Reply Follow

3 Replies

Bhavesh Desai (Sales Manager) 17 November 2014

I am not a lawyer but a member like you who is suffering similar situation. I am an associate member of a society where my sister owns a home. Located at Borivali, Mumbai

But my case is of third stage, while your is beginning. We didn’t do what we should at the beginning stage and now reached a position where we are begging for our own home from builder and managing committee.

You have to act now to save your flat or else it will be difficult for you to oppose in the future.

You should file a case against Managing Commitee in the High Court challenging Redevelopment process. Redevelopment must follow procedures as per circular issued by Govt. of Maharashtra No. S.G.Y.2007/L.No. 554 /14-C Co-op. Marketing and Textile Dept. Rd Date : 3 January 2009 issued under Section 79 (A) of the M.C.S. Act 1960. FYI find attached circular.

If you are too busy to do that, then you have compromise with MC and developer and take what they give, how they give and when they give.

Regards,

Bhavesh Desai

Mumbai

P.S- Please don't waste your time with Registar, BMC and other concern department.

Attached File : 45320349 redevelopment-faq.pdf downloaded: 126 times

1 Like

Menaka Here (NA) 23 November 2014

Thanks a lot Bhavesh!!

Our Management commitee is not at all following the process at all. Trying to get in touch with a few members who are against the redevelopment.

Bhavesh Desai (Sales Manager) 04 December 2014

Welcome!

Sorry, I don’t check this portal regularly.

Please do not waste time. If society is not being transparent, immediately file a case in the court.

Do not allow present MC to sign DA or any other agreement. Or else your society has to pay hefty fees just to remove the developer. Even minority members can also challenge the process if it is not proper.

We are also victim of a developer, who pocketed managing committee and got DA and Individual agreement sign. After 4 years of signing and one year of building demolition, now society is finding the ways to remove the old developer. There are guidelines; suggestions are available for the redevelopment. You can get from web https://www.mswahousing.org/ or Advocate Vinod Sampat also released a very helpful book about redevelopment.

Regards,

Bhavesh