Chs redevelopment

Guest (Querist) 11 October 2013 This query is : Resolved
Respected Experts,

Greetings!

Kindly Help

1. I request to please provide me help on the following matter. Thank you

2. We have a flat in CHS (In Mumbai). Our society has carried major repairs/ renovation with an assurance that no redevelopment proposal will be undertaken for the next 3 years and it would be only in the year 2016 if at all they get proposal which is worth considering. Based on this. Each member contributed huge sum towards the major repairs/renovation and they Society used surplus funds available.

3. Recently Society had meeting on the redevelopment and after that Society is asking all the members to provide Share Certificates in Original of which they will take Photocopy and the original will be returned to us. They are referring to MAHDA FSI/T.D.R./FUNGIBLE FSI.

a) What are the rules and regulations covered in They are referring to MAHDA FSI/T.D.R./FUNGIBLE FSI. ?

b) Where to obtain copy of reference they are referring to of MAHDA FSI/T.D.R./FUNGIBLE FSI.

4. Society is also asking all the members to sign consent letter on Stamp Paper which should cover the following points even though there is no concrete proposal on hand from a builder.

a) We will vacate the flat and give peaceful possession to the builder.

b) We agree to alternate arrangement made by the builder till the possession of new possession of new premises handed over to us. (Our Comments -There is no proposal from any developer as of date and how can we accept any alternate arrangement)

c) That the building is in dilapidated condition and requires huge repairs. (Our Comments – This is incorrect)

d) I am quite aware of the terms and shall hand over peaceful and vacant possession to the developer. (Our comments on this – We are not aware of any terms as yet)

5. The society Building Structure is in good condition and to maintain it in good condition they have carried out the major repair/renovation/painting and it is still going on till date.

6. The Building is not in dilapidated condition and does not need any further repair/renovation for at least few years from now.

7. Committee members are forcing us to sign such consent letter which has above shown points that we feel are incorrect in view of the fact that the structure is in good condition and besides there is no proposal on hand from any developers as yet.

8. It will be a case of surrendering all our rights if we sign the consent letter without any details on redevelopment, how good is the developer, new building plans etc.

9. What action should we take in this particular situation?

a) How our rights can be protected?

10. We have not signed the consent letter as yet and do not wish to sign till there some concrete proposal for developers and can they force us to sign such type of consent letter against our wish and desire.

11. Kindly help us with your professional guidance.

Thank you.
Sincere Regards - Surekha

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R.K Nanda (Expert) 11 October 2013
consult lawyer personally as ur case is complicated.

ajay sethi (Expert) 11 October 2013
under no circumstances sign the consent letter . since your building has undergone major repairs no need for going for redevelopment now .

ajay sethi (Expert) 11 October 2013
your society must be wanting to go in for redevelopment as each flat owner would get at least 35% more carpet area in case society goes for redevelopment . maharashtra govt has increased FSI for Mhada buildings recently to 3 . hence it is lucrative proposition

Rajendra K Goyal (Expert) 11 October 2013
Consult local lawyer personally and show him all the relevant documents.

Guest (Querist) 14 October 2013
Respected Expert Sethi Sir,

This note to thank you for your the help and advise. I have noted and I feel confident and fearless.

I do not know how to add thanks to your profile that is why I am posting here.

Sincere Regards

ajay sethi (Expert) 14 October 2013
THANKS FOR YOUR APPRECIATION .

Guest (Querist) 14 October 2013
Respected Expert Sirs, Shri R.K. Nanda and Shri Rajendra K. Goyal

This note to thank you both Sirs for your help and advise.

I do not understand as to how to add "thanks" to your profile and this webpage that is why I am posting my "thanks" by this method which please accept.

Thank you.
Sincere Regards

Chs redevelopment

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