Redevelopment of tenanted property
Mayur Lodaya
(Querist) 20 February 2017
This query is : Resolved
Sir I am tenant of building in Mulund west 2) Building has 2(two) landlords. 3) One landlord has ownership share of 80%. 4) Other one has acquired balance 20% share in building but has not informed the tenants about the same in writing. Also his name might not have been added in BMC records. 5) Now more thatn 70% of tenants of the building have decided to go for redevelopment of our building without involving the landlord who owns 80% share in the bldg. 6) Also there is another bldg on the same plot as our building which is regd. society. My queries are:- 1) Can 70 % tenants decide & go ahead for redevelopment of the this building without involving landlord having 80% share in building? 2) Can there be redevelopment of one building out of two buildings standing on the same plot: 3) Can new (20%) landlord who do not have his name in BMC records support & takeover as developer of our building without his name in MNC records. 7) what are the legal steps i can initiate against this 70% majority members to stop this redevelopment? Thanks Mayur Lodaya 09323374330
Read more at: http://www.lawyersclubindia.com/forum/Redevelopment-law-for-tenanted-properties--147181.asp
Adv. Yogen Kakade
(Expert) 21 February 2017
Consult a local lawyer with the relevant documents.
Rajendra K Goyal
(Expert) 21 February 2017
Local rules / law applicable discuss in detail with local lawyer.
Hemant Agarwal
(Expert) 23 February 2017
1. Re-Development of old buildings can be initiated "ONLY" by "Flat-Owners" and not by "Tenants".
2. Tenants are not "Flat-Owners" under the Transfer of Property Act. Hence "tenants" have no legal jurisdiction to claim suo-motto redevelopment of their rented /leased flats /apartments.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
