Redevelopment of housing society on lease hold property

Querist : Anonymous (Querist) 03 February 2019 This query is : Resolved
we have a housing society ( built in the year 1976) on a 99 year lease hold property. 42 years have passed since the building was constructed on this lease hold property. The land belongs to a landowner who also lives in this housing society.
Now the building has become old and dilapidated. a new developer has made an offer to redevelop the old building. However the landowner is objecting to the redevelopment.

what is the way forward in such a scenario? can redevelopment be carried out without permission of landowner?

please guide

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Dr J C Vashista (Expert) 04 February 2019
Who is the landlord ?
Landlord residing in the Society may be persuaded for redevelopment.

Hemant Agarwal (Expert) 13 September 2019
1. Lease Hold properties can be developed "ONLY" with the consent of the Land-Lord.

2. Society should have conducted "deemed conveyance" before the local Coop. Registrar, and consequent to the Order, Society can go in for redevelopment without the consent of the Land-Lord.

Keep Smiling .... Hemant Agarwal
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