Virjesh 10 March 2025

My flat is excluded in redevelopment project

The Details of the case are:-
In 2002 Builder sold the basement flat to my father saying its a Ground floor, not only that the Registrar has made an official entry as Ground Floor Flat too. Fast forward to 4 Year my father Launched a Civil Case (Since Police didn't wanted to Involve), The builder goes to authority and Apply for revision of Plan, where he altered the Original CC Adding an Entry for Basement flat. and Did the Same in 2013. Now Being the Corrupt employees they Issued an Revised Plan adding the Basement Flats (More than One) and Submit to the Court Mentioning The agreement had a Clerical Error and as a Chain Reaction Registrar made the Ground Flat entry. Now Since my Father was very Old (72 yrs) with the History of Paralysis,Heart Disease and Symptoms of Alzhimer. Our Incompetent Lawyer (will give details) who never Bothered to take our Case Seriously. Asked to go for Settlement as according to his Opinion our flat is "Legal" Now, and we only need to ask for Rectification Deed. Now my father Passed away in 2019, the Flat is going for redevelopment and Now The Builder is saying our flat has no FSI, So I have to Purchase the whole Flat "AGAIN". When I asked Authorities about it they only said the Revised Plan of Both Year (2006 and 2013) have only Stamped by authorities and neither builder nor Architect Signed on the Same. And Now they are asking me to Find that Builder and Architect Somehow convinced them to sign it then Expect Muncipality to Release a CC Based on that.

And The Incompetence of the Lawyer was so Peaked he never bothered to Either Checked those Plans or Raised the Question for Accepting those Revised Plan Request or checked the history of the Property.

Now all of my Finances are ruined to Due to this 10 Year Court Cases and Medical Treatment expenses for My father Also Since i am the Last Survivor of the Family (Covid),

I dont have resources to fight my case against another builder or buy the Same Property Again.
So as a Common Man who has yet to make anything out of the life Can do in this Situation ?

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 March 2025

If you are not having sources to fight or continue the legal battle you cannot do anything about it.

It is not appropriate or proper on your part to blame your advocate after haing travelled with him for a decade period fighting this case.

If you have the court ordre recognising the basement as ground floor on the basis of the corrected plan, then that should entitle you to have FSI on redevelopment.

You can consult another lawyer with relevant papers and proceed as advised

Virjesh 10 March 2025

Hello Sir,

As I do understand about Professional Courtesy to not defame or Comment about someone's Competancy about their Profession.

However there are lots situation where the outcome could have been different if the said " Advocate" Performed his duty properly. My father's hard-earned money plus life time savings were not wasted.

My father was Naive and we were children, So we had to trust him to protect us from every possible Legal misdemeanor the Other Party Could had thrown to us. but no that never happened. and now after 9 years where we had to Settle our case (As per the Advisory), were the Same Advocate had said "these documents are legal", Without Checking the Completion Certificate Or even asking about it.

As a client i have reasonable thought for Blame.

Now for Better Question, Can i file Any Complaint against Muncipality for Making Such a revise plan but So far Couldn't issue a Completion Certificate yet ?