LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dhiraj Solanki   26 August 2023

Redevelopment of society and pending flat transmission


The occupant of the Flat is a associate member and nominee of a flat in Mumbai, the flat is owned by his brother who passed away 4 years ago. The occupant thereafter submitted documents to transfer Flat on his name according to the nomination registered on his name.

The society as on date has not provided a single response, nor taken this matter in any AGM or any meetings. The flat is still standing in the name of deceased brother. The occupant is staying in the flat since last 42 years peacefully and paying regular maintenance and all dues.

The society committee is simply busy to pursue redevelopment of building and a builder has already been appointed to redevelop the building and the redevelopment of buildings is already approved by the majority. The builder will provide monthly rent of Rs.25000/- to the flat owners who will vacate the building so that they can rent other flat to live temporarily until the redevelopment of building is completed, and once the redevelopment is over they can shift to the new building. Those not interested in redevelopment will get certain amount of money according to market value of their Flat. I(i.e. the builder will offer to buy their Flats).

I need to know what will happen when the society/builder ask to vacate the building and on the basis that the occupant does not have any title of the Flat.

1). Do not provide any monthly rent amount of Rs25,000/- to the occupant since the flat is still in the name of deceased person.

2). Do not provide flat purchase value to the occupant, stating that the flat market value can only be provided to the owner of the flat but they cannot as the person is no longer alive.

3). Can the builder or society forcefully evict the occupant from the Flat and not pay him monthly rent nor pay him the purchase value of Flat.

4). What are the rights of my uncle and what remedies are available to him so that he does not become Homeless as well as not receive any money.

5). Is there any legal Aid agency/NGO available in Mumbai to fight cases for vulnerable senior citizen.



 1 Replies

Sidhhi   26 August 2023

It's absolutely high handed mindset of MC to have not acted on transferring the flat in the name of occupant and having put him grave hardship and mental torture. Occupant should obtain stay for redevelopment of building till flat is transferred in his name subject to he has all documents and there is no other legal heir.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register