My friend has chosen to buy a 2BHK apartment in a redeveloped building in Mumbai.
The redevement is under taken by a developer on land is owned by Malhotra family in a registered CHS since 1962.
Malhotra family is Confirming party in the proposed agreement with the developer.
As per a clause in the agreement it is mentioned that all the flat owners will have undivided shared in the land and Confirming party shall be representing on behalf of CHS as and when required. It means Confirming party will have control over CHS at all times and the land will not be conveyed by in the name of CHS proposed to be formed by the owners of the flats in the new redeveloped building.
To us it looks dicey and may pose problem for flat owner/s but can't understand the purpose behind not transferring the land in the name of the registered CHS!
Kindly guide and help us with the consequences?
TIA