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Satyajit   20 February 2023

Redevelopment of non-pagree property with dispute amongst owners

In a non-pagree, rented property in Mumbai, a developer has directly approached the tenants of the 50+ year old building offering redevelopment opportunity. There is no proof of appointment as developer or even consent amongst owners. There is ongoing dispute amongst owners of property over ownership but developer claims they do not need consent of all owners to proceed. They claim they know ways and means to get such things done. Further they are indirectly threatening strong arm tactics with unwilling tenants saying it can move ahead with or without them hence their loss (of home) if not willing to sign document given by them.

My understanding. Normally redevelopment matter is between owners and developer, latter being officially appointed by the former. Then and only then the owners jointly issue letter to tenants seeking agreement to proceed with redevelopment. My question is in this case how should tenants proceed? Is there a risk of being kept out of redevelopment process as retaliation for not siding or signing up with developer who has directly and unofficially approached them? What safeguards or steps should they take? Will signing something with developer backfire on them? Can unwilling owner block redevelopment by applying for stay order. Thanks



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 1 Replies

Sidhhi   22 February 2023

We have gone through similar situation in Andheri E where in unscrupulous businessmen bought a tenanted property owned by Bhagwan Das Todi Charitable Trust. Had to through threats and threats from new owner with police & BMC in their pocket. It's very tricky situation and you need to be careful in appointing of a reliable counsel which is not easy to find. I can put you to lawyers known to me if interested.

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