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vaibhav   29 September 2025

Redevelopment query

Dear Sir's,

My present stay society is getting redeveloped . Redevelopment plan consist of 20 floor building 

out of said 20 floors 7floors have been passed by muncipal corporation. now redevloper wants memberes of society to vacant so he can demolish old construction. As per him he will give triple A to memberes of first 7 floors and for rest he will make a notary until he gets passing for rest floors

question: 1. should we agree for notary and give possession in good faith

                



 5 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     29 September 2025

Hi, It is not advisable to hand over possession based solely on a notary document. A notarised paper is not legally binding like a registered agreement. You should insist on a registered, legally enforceable agreement (such as a registered permanent alternate accommodation agreement) before vacating. This will safeguard your rights in case the remaining floors are delayed or not approved. To discuss further, get in touch

R.K Nanda (Advocate)     29 September 2025

Don't go for notary attested documents ɓut opt for registered agreement and only then hand over possession to redevolper. 

T. Kalaiselvan, Advocate (Advocate)     29 September 2025

The notarised document is not legally valid and not enforceable in law especially with regard to transaction pertaining to immovable properties. The registration of the document  is mandatory under section 17 of the Registration act in respect of any transaction pertaining to immovable properties.

If the approval is only for seven floors, you should very carefully deal with the builder's claim for 20 floors, especially when you are lured to this with false promises. Once you have vacated the property and delivered posession to the builder and if he has demolished the building, then you will almost become slave to the builder and may have to dance to is tunes 

Sristi Nimodia (Legal Consultancy)     07 October 2025

- Partial municipal approval of only the 7/20 floor does not entitle the developer to commence full redevelopment or require members to vacate for the entire project.
- Members should insist on legal approvals from proper/competent authority(s) and registered documentation before vacating or handing over possession.
- Unregistered Notary Agreements are neither enforceable nor protective for members' rights.
- Registered agreements and proper approval is required for members to vacate. 
- egistered agreements do not cure the absence of statutory municipal approvals or legalize work or possession for unapproved floors.

P. Venu (Advocate)     08 October 2025

What are the constraints in getting the approval for all the floors, as proposed?


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