DARS SHAH 20 August 2023
Please guide me on the below 2 points:
1) our DA was executed in February 2023 and we 2 members are yet to sign and they have registered the DA and submitted everywhere and now we are on PAAA stage and all the clause in PAAA are directly linked with DA, can we sign the DA now before executing PAAA ?
2) if we cannot sign it now,what can be done ?? Thank you.
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T. Kalaiselvan, Advocate (Advocate) 21 August 2023
A society opting for redevelopment can enter into a Development Agreement or a Redevelopment Agreement ("DA") either with the developer alone, or with both the developer and individual society members in certain cases.
The society therefore acts on behalf of individual members.\
Permanent Alternate Accommodation Agreements provides legal sanctity to the old apartment owner with regards to their new apartment in the new building. It is only after this agreement is executed that homeowners vacate their old building.
If the office bearers are refusing to sign PAAA in the capacity of office bearer, then there is no legal infirmity in it, because it has to be signed by the individuals in the redevelopment agreement.
Dr. J C Vashista (Advocate ) 21 August 2023
The development agreement shall be applicable to the member signed it, however, remaining member(s) may execute a separate agreement since earlier DA cannot be altered/ modified /amended to include left over member(s).
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