Repossession of flat
Mahesh Aswaney
(Querist) 27 June 2022
This query is : Open

I own a flat of 600 sq ft in A COOPERATIVE HOUSING SOCIETY IN GHATKOPAR WEST ,

MY GRAND MOTHER HAD LET IT OUT IN 1968,
The rent was fixed at Rs 120 PM and ever since then it continues till date .
The SHARE CERTIFICATES ARE IN OUR NAME AND MAINTENANCE BILLS ARE ALSO IN OUR NAME .

NOW THE SOCIETY HAS JUST ISSUED A LOI FOR REDEVELOPMENT .

QUESTION :
1.00 CAN WE EVICT THE TENANT (HE MAINTAINS IT WAS UNDER PUGDEE .(OUR CONTENTION IS THAT IN A COOPERATIVE HOUSING SOCIETY PUGDEE IS INVALID .
HE HAS NO DOCUMENT TO PROVE IT )

Q: IS THIS CONTENTION CORRECT .

2.00 THE DEVELOPER HAS OFFERED 300 SQ FT ENHANCED AREA .

CAN WE ASK HIM TO COMPENSATE FOR THIS AT THE CURRENT RATES .

AND REACCOMODATE TENANT AS A TENANT IN A REDEVELOPED FLAT OF EXISTING AREA ,OF 600 SQ FT 

IN INTERVENING PERIOD OF REDEVELOPMENT TENANT CAN GET RENTALS FROM DEVELOPER .

Q 3 WILL THE AAA BE SIGNED WITH US OR OWNER .

OUR STRATEGY IS AFTER REDEVELOPMENT WE WILL ASK FOR RENT AT MARKET RATE FAILING WHICH CAN WE ASK HIM TO VACATE ?.

IS THIS POSSIBLE 

PLEASE ADVISE ON ABOVE OR ANY OTHER ADVISE WHICH WILL HELP US RETRIEVE THE FLAT .

(LASTLY THE SOCIETY HAS 81 MEMEBER’s AND 12 no’s ARE TENANTS .

7 OUT OF 12 HAVE NEGOTIATED TRANSFER OF OWNERSHIP BY RECEIVING 1/3 COST OF FLAT I.e RS 57.50 LACS (ON BASIS OF PUGDEE HOLDING)


Please advise framework of notice to be served on tenant .
