Thursday, October 20, 2016

REDEVELOPMENT - ALL THAT GLITTER IS NOT GOLD

www.redevelopmentofhousingsociety.com
REDEVELOPMENT - ALL THAT GLITTER IS NOT GOLD

While the open plots in Mumbai no more available to the developers for constructions, the Redevelopment scheme within last few years that has hit Mumbai with great potential. However, it is bitter fact that by and large, when the proposal of redevelopment is taken up for decision in a General Meeting, has culminated in disagreement from Members of the Society time and again.

Every Housing Society need to know that in Redevelopment of Housing Society - all that glitter is not gold. Redevelopment projects have often collapsed due to the growing demands of the Members in majority. There is a high level of diffidence among the Members when the idea of Redevelopment is proposed. There is persistent fear of insecurity whether the developer will deliver the redeveloped property or leave it intermediately.

First and foremost, the Housing Society Members must ensure that their Office Bearers and the Members of the Managing Committee are elected as per the provisions of Maharashtra Co-operative Societies Act, Rules and Bye-Laws. In short, please ensure that the entire Managing Committee is lawfully constituted.

There are numerous instances where firstly, the Members of the Managing Committee are hooked and enticed of unlawful gratifications in substantial amount by certain unscrupulous developers and use these Managing Committee Members as their agents to pursue and pass over the rosy dreams and benefits to innocent Members of the Society and criminally ensure that the redevelopment project is bagged by them.

The corrupt Members of the Managing Committees also resort to arm twisting, harassment and threatening method to the flat owners into submission as per the developer’s orders. Scared by such hounding tactics, most Members of the Society accept and offer their consent towards the redevelopment without any protest and prefer to go along with whatever the Office Bearers and the Members of the Managing Committee decides.

It is well known fact that the illegal gratifications and lavish spending by a large cartel of unscrupulous developers entice the Members of the Managing Committees of Cooperative Housing Societies and provoke them to turn against their own Members of the Society in the matter of obtaining consent and force implementation of redevelopment.

It is often observed that the Managing Committees do not have the required knowledge of redevelopment compelling them to be at the mercy of the Professionals who are equally incompetent in the integrated areas and intricacies of Redevelopment of Housing Societies.
Please remember that going in for redevelopment without knowing the precise procedures and processes involved is like walking on the edge of a cliff blindfolded and any single wrong step could send the whole Society tumbling downwards. Essential information is one concept where half knowledge is infinitely more dangerous than ignorance.

If any step taken without following the necessary guidelines, all the efforts would be rendered null and void. Clearly, the need of the hour is that those standing on the threshold of redevelopment receive advice from counsellors who have the experience and expertise to direct the Society in achieving the desired goals.

On the front of redevelopment, in a fair and above-board transaction, the developer should pass on some of that value to residents of the building, either through money paid as a corpus, or additional space in the flats, or both. Here’s where the Managing Committee can be lured into agreeing to a raw deal for their neighbors of decades. Two-crore rupees passed on by the developer is a very small amount for him, while for the Members of the Managing Committee, it’s an amount they’ve never seen before.

There are, of course, guidelines laid down by the Maharashtra government to ensure that all residents of a Housing Society get a fair and market-driven deal. A Housing Society cannot be handed over to a designated developer unless it is agreed to by at least 70% of the Members. The process of selection of a developer has to be preceded by the appointment of a Project Management Consultant (PMC), who is an architect and knows the exact value of the property and how much residents should get as their share of the benefit of redevelopment.

But as is the case with deviant India, this process is almost always subverted by appointing a PMC who gives a doctored report to favour a certain developers. Housing Societies with literate and aware residents will make sure that there is transparency in the selection of the PMC.

This is to be done by asking some PMCs to send in their profiles with track record of work done and the value they brought to residents in Housing Societies that they have previously advised. This must be crosschecked with references from residents of Societies who have availed of their services and can vouch for the veracity of the PMC’s claims. The developers short-listed are also asked for a similar profile and a list of projects successfully delivered.

None of this exercise done in case the Managing Committee wants to cream off some of the money for themselves, in which case they typically end up with a selection of a developer who has little experience, virtually no capital and is hungry to make a break. As we all know, the land is very expensive in Mumbai and a Redevelopment Agreement grants a developer access to that asset of his saleable are for free.

With regard to enforcing the Law & Order against the fraud and cheat builders, the Indian Police has always remained in forefront to protect the cold-blooded builders and milk them as often as needed. Even basic functions like lodging a FIR against the deceptive and dishonest builders is firstly not registered, victims are encouraged and even threatened for not to file an official complaint. If a case somehow gets registered, the police usually do not take any action. The con developers, corrupt politicians and policemen go like hand in glove, often resulting in exploitation of the gullible and naïve Buyers / Members of the Society.

It is not expected of a common man to analyze the hidden risks in a redevelopment scenario. His knowledge is zero to know the judiciary system and its intricacies. The developers on the other hand, have fleet of highly paid advocates and experts to advise and protect them.
Last, but not the least, the successful execution of any redevelopment project primarily depends on the management by the Members of the Managing Committees with transparent efforts to protect the corporate interest of the Society and 100% co-operation of each and every Member. This, in turn, again depends on the capacity of the Members of the Managing Committees who are entrusted with the management of entire process of the redevelopment with their honesty and integrity.

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REDEVELOPMENT OF HOUSING SOCIETY THAT YOU WANT TO KNOW

REDEVELOPMENT OF HOUSING SOCIETY THAT YOU WANT TO KNOW

What are the reasons that every housing society looks forward for redevelopment of their property? The most crucial phase the Mumbai presently suffers is growing population with continuous invasion of migratory population from other places which has made the Mumbai becoming over crowded creating acute shortage of space. The demand for residential and commercial units is ever increasing resulting in demand of accommodation more than supply.

The redevelopment of any property offers better facilities, privileges and amenities provided by developers with facility to live in same location preferred by people. Since the buildings are 30/40 years old, the Societies are unable to bear heavy cost of repairs. The cost of new flats in Mumbai is very high. Hence people would buy additional space in the existing place which is being redeveloped. The property prices of flats go up after redevelopment. The builders offer good corpus amount, new construction enriches living standards as also the redevelopment is the only way to meet the shortage of dwelling units

The future of redevelopment in Mumbai city is very bright since there are constraints on the availability of open land within the city and suburban limits coupled with fast growing demand for houses and shortage of housing stock. To overcome the above hurdles, the only solution is redevelopment of the existing property.

There are thousands of buildings which are in bad shape and dilapidated due to their age, atmospheric wear and tear and other reasons. They have reached a stage where it is not possible to carry out structural repairs and rehabilitation as the same are not economically viable and may not be guaranteed for more extended service life of the buildings.

Redevelopment of such old buildings has become a necessity since many buildings collapse each year, killing or injuring many people. The other reason being the requirement of an extra space by the Society members is due to increase in family members. The Government has allowed incentive FSI for carrying out redevelopment schemes in the city as well as in suburbs.

Since the redevelopment work is of common interest, it requires the major decisions to be taken by the Society with the consent of General Body. Necessary Resolutions should be approved in the General Body Meetings. The Government of Maharashtra has issued specific guidelines to streamline the process of redevelopment so that the problems in the redevelopment can be eliminated at the initial stage resulting in the reduction of the time required for the redevelopment process.

The Society should hire a professional and competent counselor who should be careful in vetting/drafting the Redevelopment Agreement and should not leave the same to the Developer. The terms and conditions of the agreement should legally and practically take care of the in interests of the Society and each of its members. While drafting, one needs to visualize every possible setback and should provide answers and remedies against possible eventualities so that the Builder’s interest in completing the project continues till the end.

The Bank Guarantee should be drafted simultaneously along with the Development Agreement. The draft of the Bank Guarantee should be simple and not tied up with conditions. It should state that except calamities like floods, earthquakes or a war, the reconstruction will be completed in the specific time or at the very least, within the grace period.

Failing this, the Guarantee can be invoked. The Society should take PDCs for the future rent and compensation at the time of vacating. To ensure that the Builder completes the reconstruction project, he should be permitted to give possession of his sell portion only after offering possession to the existing flat owners.

A Redevelopment Agreement, as the name suggests, is Principal Agreement executed for the redevelopment of an old building, between the Office Bearers of Managing Committee/Landlords and the Builder/Developer. But it's not as simple as it sounds; the Housing Societies/Landlords need to exercise necessary caution to ensure that the residents' corporate interest is safeguarded.

The legal documents concerning the redevelopment projects are essentially to be precise and leaving no room for any ambiguity on the agreed terms. Documents drafted meticulously ensure that the parties truly agree on the contents and prevent future disputes caused by differing interpretations of the document. Drafting/Vetting of legal documents accurately is our privileged skill requiring close attention to terms and conditions to be documented in favour of the Society.

The venture of redevelopment of any property involves a massive volume of multi-crores of rupees as also the fate and future of all the Resident Members of the Society. Once the property is handed over to the Builder/Developer, the Society has only legal documents in their hand to rely upon, in case of any adverse situation in accomplishing the successful task of the redevelopment. Our approach in respect of drafting/analyzing all the legal documents pertaining to the redevelopment is scientific and systematic.

While it is easy to draft terms addressing the primary purpose of a legal document, the best documents anticipate all those possible events that might interfere with the client’s intent. We anticipate these events to help our Client Societies/Landlords to determine and arrest such eventualities in documentation.

The Development Agreement should be properly stamped and registered as an unstamped and unregistered document is not enforceable in law. Every detail pertaining to the construction specifications, construction and material, amenities should be specified in the redevelopment pact. Anything that is vague will work against the interest of Society members.

If there are serious irregularities in the process of redevelopment and when they are noticed halfway, they can jeopardize the redevelopment and the consequences can be severe as what the law does not permit, cannot be done either by the Builder/Developer or by the Society.

TDR should be loaded in the name of Society before vacating of the premises but after execution of the Development Agreement and must obtain the consent of all members in respect of the terms and conditions documented in Development Agreement and the proposed plans. It is one of the steps to safeguard interests of the Society.

The Society should appoint an architect or engineer for the verification of their carpet area and supervise the quality of construction, amenities promised by Developer of the proposed building. The architect should physically verify the area once the typical floor slab is casted.

The approved plans should be submitted to the Society within specific period after approval and to the architect to verify periodically that the construction activities are carried out as per the approved plans.

There are many advantages for various bodies, for people, for Government and for the local Municipal Corporations as well. The advantages for the Developers are that, there is no huge investment regarding the TDR of such properties unlike new plot development and these projects are always with clear title.

Though the time frame for the agreement procedure from the occupants or Society members is more and the matter also requires frequent dealings with lawyers and court etc., the investment for such projects happens to be much lesser. The Society gets better standard of living and latest amenities for the members.

Better level of infrastructure and services like new and better construction with elevation grand entrance lobby and lifts of reputed make better productive plan for the new flats, more open space along with recreational facilities, separate society office/separate toilets available for servants, Provision for seismic design for the building with latest fire fighting systems, health club and gymnasium with ample car parking.

The other advantages being the increase in flat value and more saleable value of the flat with more carpet area than that of the existing building since the structure is new with provision of modern amenities and improved life style.

Maintenance of inherent features of existing project, no obstruction of the view, proper air ventilation catered in layout, natural light catered in planning and emergency of the building lights is maintained with a stand-by generator facility. Since all the redevelopments are providing either basements or podiums or stilts for parking the vehicles of the occupants, the traffic blockages due to vehicle parking on the road can be less thereby assuring better conditions for the traffic and lesser problems for the Municipal Corporation and the other Departments related. Due to redevelopments, Govt. also gets benefited with additional revenue of new taxes.

Society expects monitory compensation by way of Corpus so that the additional maintenance and the normal furniture expenses are covered. The reimbursement of rental expenses, brokerage and transportation is necessary for the alternate accommodation till the new flats are handed over.

The other facilities in redevelopment are high end security systems; stand by generators, concealed plumbing and electrical lines, latest fire fighting systems, anti termite treatments, u/g tanks with submersible pumps having sensors, provision for piped gas, cable TV, telecom, internet etc.

List of preliminary Documents required from the Society opting for redevelopment are Society Registration Certificate, Original Building Plan, Conveyance Deed/Lease Deed/Sale Deed, Copy of Resolution of SBGM, Documents/Papers/Deeds/Agreements etc. whatsoever in nature related to the plot, Property Card, D. P. Remark, Extract of 6/12, 7/12, Search report and Title certificate, Index II, N. A. Order and City Survey Plan.

The Housing Societies often get confused about choosing the best or right or so to say, one HONEST BUILDER / DEVELOPER. There are many cases where the dreams of Members of the Housing Societies are crashed when the terms of Development Agreement are breached and time schedule of completion of project is not maintained by such insatiable Builders / Developers.

There are types of voracious Builders/Developers of III tire who have abandoned or have delayed the redevelopment projects due to various reasons mainly due to paucity of inflow or diversion of funds from the assigned projects in order to acquire / pocket more and more projects beyond their financial means or are simply not capable to execute them due to lack of competency and precision.

Since the redevelopment of a property is an exigent issue now a days with offending Builders / Developers and their felonious and offending treats to inexperienced Managing Committees of Housing Societies, we especially impress our Client Societies to be vigilant on the issues like Delivery Delays, Broken Promises, Breach of Trust, Cheating, Unfair Trade Practice, Deficiency in Service, Abandonment of Redevelopment Projects half way, Corruption and Malpractice to pocket the Redevelopment Assignment, Illegal Constructions, Violation of Acts, Laws and Rules etc.  

Redeveloping a home is a major decision for the lifetime and one would not want to take chances. It is said that till you do not leave your Society, you are the KING. The day on which you handover your property to the Builder/Developer for redevelopment and leave your Society, the Builder/Developer is the KING. 

The following property documents can be obtained from respective departments: Property Card and CTS Plan from City Survey Office, Old Building approved Plans and other permissions from Building Proposal Dept of BMC, Property Tax paid From BMC’s Assessment Department. ULC order from Collector’s office, Non-Agricultural Order and N.A. Tax Paid Receipt from Collector’s office, DP/TP remarks from respective departments, Registration receipt and Stamp duty paid proof from the Registrar’s office, Registered conveyance / Index II from the Registrar’s office, Search Report and Title Clearance Certificate about the property to get prepared from an Advocate.

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DOCUMENTS REQUIRED AT VARIOUS OCCASIONS FOR REDEVELOPMENT OF HOUSING SOCIETIES

DOCUMENTS REQUIRED AT VARIOUS OCCASIONS FOR REDEVELOPMENT OF HOUSING SOCIETIES

A. DOCUMENTS REQUIRED FOR REDEVELOPMENT:
B. SOCIETY DETAILS:


  1. Society Registration Certificate
  2. Original Building Plan
  3. Conveyance Deed/Lease
      Deed/Sale Deed
  4. Copy of Resolution
  5.Documents/Deeds/Agreements
     etc. whatsoever in nature related
     to the Society’s plot
  6. Property Card
  7. D. P. Remark
  8. Extract of 6/12, 7/12
  9. Search report and Title certificate
10. Index II
11. N. A. Order
12. City Survey Plan
  1. Plot No:
  2. Ward No:
  3. Hissa No:
  4. Plot Area:
  5. Survey No:
  6. CTS No:
  7. Conveyance in
      favour of  
      Society:
  8. Date of
      Conveyance:
  9. Indenture of
      Conveyance Date:
10. Lodge for
      Registration
      under Serial No:
11. Usable Area:
12. Structure Details:
13. Flat Categories
      with Carpet Area:

C. CHECKLIST OF DOCUMENTS FOR REGISTRATION OF REDEVELOPMENT AGREEMENT:
  1. Property Card
  2. CTS Plan
  3. Existing Members Old and New Allotment with Existing
      Area, Free offer Area and Total Area Statement
  4. SGM Resolution
  5. Society Registration Certificate
  6. All Members Share Certificate
  7. Amenities List
  8. Board Resolution for Signing Authority
  9. Typical Floor Plan (Optional)
10. Conveyance Copy/old Index II (Optional)
11. Letter of Intention (Optional)
12. 2Nos. Witness and there Photo ID proof and 2Nos. 13.
      Passport size Photograph of each Witness
13. 2Nos. Passport size Photograph of all Signing
      Authorities
14. Photo ID Proof of all Signing Authorities
15. Society Rubber Stamp
16. Developers Rubber Stamp
17. Left Thumb Impression of all Signing Authorities.
18. Pay Order in Favour of..................for stamp duty
      (Adjudicate Agreement)
19. Pay Order in Favour of.....................for Stamp duty  
      (Non-Adjudicate Agreement)
20. Pay order in favour of..................for Registration

D. CHECKLIST FOR REGISTRATION OF POWER OF ATTORNEY:
  1. Final Draft of Power of Attorney
  2. CTS Plan Copy
  3. Property Card Copy
  4. 2Nos. Witness and their Photo ID proof and 2 Nos.
  5. Passport size Photograph of each Witness
  6. 2Nos. Passport size Photograph of all Signing
      Authorities
  7. Photo ID Proof of all Signing Authorities
  8. Society Rubber Stamp
  9. Developers Rubber Stamp
10. Left Thumb Impression of all Signing Authorities
11. Pay Order in Favour of...................for Registration

E. DOCUMENT FOR REGISTRATION FOR AGREEMENT OF PERMANENT ALTERNATIVE ACCOMMODATION FOR INDIVIDUAL MEMBER:
  1. Agreement of Permanent Alternative Accommodation
  2. NOC letter from Society to Members on Letter Head
  3. List of Members with Old- New Area
  4. List of Members with old Flat No. & New Flat No. with
      Carpet Area Old & New
  5. Receipt of Stamp Duty paid on Redevelopment
      Agreement
  6. First two pages of Redevelopment Agreement
      (Registered)
  7. Old Share Certificate Copy Front & Back of Member
  8. Copy OF Property Card
  9. Copy OF CTS PLAN
10. Copy of Occupation Certificate of Old Society
11. Copy of Assessment Bill (Old) of Society
12. Ration Card Copy of Member
13. Electricity Bill of Member
14. Society Registration Certificate
15. INDEX -II of Redevelopment Agreement
16. Floor Plan of Member
17. IOD, CC Copy
18. Election Card, Pan Card Copy of Member
19. 2 Passport Size Photographs


      



IMPORTANCE OF SCRUTINY AND VETTING OF REDEVELOPMENT DOCUMENTS

IMPORTANCE OF SCRUTINY AND VETTING OF REDEVELOPMENT DOCUMENTS

In case of lawsuits, the legal documents related to redevelopment play very important role in all Court Cases under Indian Evidence Act. The definition of document has broader and wider meaning, including 'Deeds' and 'Agreements'. All the documents related to redevelopment are important components of evidence in all cases before judicial as well as quasi-judicial authorities.

The Documents must be drafted carefully making sure that they are drafted following all principles of redevelopment and perfect legal terms are being used in its content.

Section 3 of Indian Evidence Act: 1872 says "Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. 
Illustrations:

·         A writing is a document
·         Words printed lithographed or photographed are documents
·         A map or plan is a document
·         An inscription on a metal plate or stone is a document
·         A caricature is a document.
 
Evidence: "Evidence" means and includes-

(1) All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;

(2) All documents produced for the inspection of the Court; such documents are called documentary evidence;

General Clauses Act 1897: Section 3 (18) says; "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter.

In redevelopment, it is a must that the Landlords of Tenanted Buildings and Housing Societies are required to get their legal documents theoretically scrutinized and methodically vetted by the legal experts/counselors who are well adept in integrated laws governing the redevelopment.

Documents like Feasibility Reports, Tender Documents, Draft of Memorandum of Understanding, Development Agreement, Power of Attorney, Bank Guarantee and Individual Agreement to be executed with each member of the Society that are generally provided by the Developers to the Housing Societies.

These documents are drafted by the Advocates of Developers in a deceitful manner with lack of transparency and thus, provide escape routes and full protection to the Developers by neglecting the vital terms and conditions that are protecting the interest of the Tenants and the Members of Housing Societies.

The venture of redevelopment of any property involves a massive volume of multi-crore of rupees as also the fate and future of all the Resident Members of the Society. Once the property is handed over to the Developer, the Society has only legal documents in their hand to rely and fall back upon in case of any adverse situation in accomplishing the successful task of the redevelopment.

The timely approach of legal experts/counsellors, who are well versed in redevelopment laws in respect of drafting/analyzing all the legal documents pertaining to the redevelopment in a scientific and systematic manner, can save the menace of such unforeseen adversities.

We, as senior counsellors, are well adept in the field of scrutiny and vetting all types of legal documents in most defined and methodical manner. After precise and meticulous study, these drafts are scrupulously vetted, scanned and scrutinized by us and the gray areas/pitfalls and shortfalls are exposed and a written report is given to our Client Societies/Landlords apprising them the areas of alerts and awareness and to impress upon and compel the Developer to correct/include/provide due coverage before finalizing all the legal documents of redevelopment in corporate interest and safety of the Societies and Landlords to achieve the desired results.

It is required that the Housing Societies/Landlords must study and understand and try to forestall the negative aspects under Financial/Legal and Technical areas to be termed principally in Development Agreement affecting the rights and interest of Members/Tenants.

Senior Counselors and Professionals can help you to understand the legal documents which require professional assistance. The Housing Societies/Landlords must consider the complexity of the texting and the potential risks and losses if the document is not prepared correctly. The cost of hiring an expert to vet the legal documents is justified by unfolding the potential risk of errors and omissions.

Drafting of any document pertaining to the redevelopment is very important component of legal practice and advocacy; one must understand that perfection in drafting is not achieved, unless one understands the relevant provisions under the Acts, Laws and Rules as also facts and language. Many Housing Societies/Landlords suffer in course of litigation due to inferior drafting, lack of documentation skills and without proper understanding of redevelopment laws.

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KNOW ALL ABOUT US AND WHO WE ARE

KNOW ALL ABOUT US AND WHO WE ARE

We are equipped with a team of learned advocates well adept in redevelopment laws, renowned PMCs and Architects of repute who are associated with us. 
   
We are experienced and high profiled Senior Counselors and Analysts for Redevelopment of Housing Societies and Society Laws since last many years with in-depth study of integral techniques and are exclusively skilled in the various areas of Redevelopment of Housing Societies and Society Laws. Instant credit goes to our team of learned advocates who are well adept in redevelopment and societies' laws. The Resident Members/Managing Committee Members of Housing Societies, Tenants of Cessed/Non-Cessed Buildings in South Mumbai gain valuable insights about the fundamental guiding principle of various laws applicable in the process of redevelopment.

Our professional competence in the field of redevelopment is the outcome of skilled application of our knowledge and expertise. This includes interviewing and counselling skills, negotiation and mediation skills, research and writing skills, communication and advocacy skills, drafting skills, fact gathering and articulation skills, time and stress management skills, etc. all of which can be acquired through our guidance on entire process of redevelopment supported by theoretical learning.

It is indeed our pleasure to introduce our exceptionally unique websites distinctively designed to educate the adolescent Members, Managing Committees and Tenants of thousands of Co-operative Housing Societies and Tenanted Buildings who like to learn what is redevelopment and its built-in intricacies. The addresses of our two websites are as under:


With prior appointment on 9819825752 or on 26774400, our consultancy slots of two hours for the Meetings are from 12.00 noon to 2.00 p.m. and in the evening from 6.00 p.m. to 8.00 p.m. on all the days of the week (Including Sundays and Holidays). The consultation charge per each slot of two hours allotted to each client is Rs.3,000/-.  If you wish to avail our services, you may call on us for an appointment any time during the day till late evening.   

We hold direct interaction with the Resident Members/Managing Committee Members/Tenants on the various parameters that are involved in Redevelopment of Housing Societies and solve most of their problems/provide adequate direction to represent their cases to various authorities. At present, we have countless Housing Societies including Cessed/Non-Cessed Buildings from Western, Central Suburbs and South Mumbai on our scroll that regularly avail our services at any point of need.
We are well practiced in major laws such as Transfer of Property Act, 1882, Registration Act, 1908, Indian Contract Act, 1872, CRZ Laws, State Laws like Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963, MRTP Act 1966, Maharashtra Co-operative Societies Act, 1960 and Rules 1961, Housing Society Bye Laws, Stamp Duty Laws, Development Control Rules, Environmental Law, Tree Cutting Laws, Municipal Laws, Slum Redevelopment Scheme etc.

If there are serious irregularities in the process of redevelopment and when they are noticed halfway, they can jeopardize the redevelopment and the consequences can be severe as what the law does not permit, cannot be done either by the Developers or by the Society.

We are earnestly thankful to our Media Partners Times of India (Times Property), Hindustan Times (HT Estate), Indian Express, DNA, Business Standard, Economic Times, Navbharat Times, CW Property, Mumbai Mirror, MSWA’s Housing Societies Review, MAGICBRICKS, Estate World and First Post and many more for awarding suitable coverage to our objectives, interviews, articles and publishing our expert comments encompassing various features ruling the Redevelopment of Housing Societies and Societies Laws.

We have been regularly invited at Seminars organized by various establishments to impart exhaustive and far-reaching knowledge in meticulous manner encompassing the diverse topics on redevelopment to educate and guide the participants from Co-operative Housing Societies, MHADA Colonies as also the Members from Tenanted Buildings (Cessed/Non-Cessed), Clusters, Slums and CRZ etc. 

The most important factors that bring out the successful results in any project of redevelopment and they are 1) The selection of correct Developers and 2) The precise scrutinizing, vetting and drafting of legal documents governing the entire process of redevelopment.

The Housing Societies often get confused about choosing the suitable, honest and diligent or so to say, one HONEST DEVELOPERS. There are many cases where the dreams of Members of the Housing Societies are crashed when the terms of Development Agreement are breached and time schedule of completion of project is not maintained by such insatiable Developers.

There are voracious Developers of III tire who have abandoned or have delayed the redevelopment projects in Mumbai due to various reasons mainly because of paucity of inflow or diversion of funds from the assigned projects in order to acquire/pocket more and more new projects beyond their financial means or are simply not capable to execute them due to lack of competency and precision and finance management. 

Our constant endeavor is to educate the Members and Managing Committees of Housing Societies since at times, it is experienced by us that they are helpless in many ways due to lack of knowledge, lack of funds or lack of finding legal experts thorough with all the Laws, Acts, Rules and Guidelines of redevelopment and mostly due to lack of time, energy to fight against the cheat and fraud Developers.

Since the redevelopment of a property is an exigent issue now a days with offending Developers and their felonious and offending treats to inexperienced Managing Committees of Housing Societies, we especially impress our Client Societies to be vigilant on the issues like Delivery Delays, Broken Promises, Breach of Trust, Cheating, Unfair Trade Practice, Deficiency in Service, Abandonment of Redevelopment Projects half way, Corruption and Malpractice to pocket the Redevelopment Assignment, Illegal Constructions, Blatant Violation of Acts, Laws and Rules etc.

To evaluate the overall competence of contesting redevelopers, we have devised seven Due Diligence Formats to be furnished by them to the Society before the final selection. These formats provide accurate and reliable analysis encompassing financial parameters, details of their new projects/new redevelopment projects under construction, completed and under negotiation, details of their various contractors, material suppliers, details of entire personnel of the Developer in various discipline etc. The cost of each such format is Rs.1,000/- aggregating Rs.7,000/-.
      
Redeveloping a home is a major decision for the lifetime and one would not want to take chances. It is said that till you do not leave your Society, you are the KING. The day on which you handover your property to the Developers for redevelopment and leave your Society, the Developers are the KINGS.
   
Apart from our own websites, our articles are published by numerous websites on Internet for the benefit of Housing Societies in Mumbai to educate their Members and caution them to be vigilant and alert from irregularities and illegalities in redevelopment by the Developers, targeting the naïve and innocent Members and Managing Committees, Rampant Corruption in BMC, Flagrant violation of Rules and Regulations by the Developers and how to beware of Cheat and Fraud Developers and their dishonest acts.

We are well equipped with almost all the areas with regular updates of latest developments in Realty Sector and provide an exclusive knowledge to tackle unresolved problems and solutions for successful and winning completion of redevelopment projects which is a dream of the day for any middle class family man.

However, there are numerous factors/questions that arise during the ongoing process of redevelopment and they are to be taken care of diligently by seeking advice/counseling from Redevelopment Experts like us who are abundantly conversant with various Laws of Redevelopment.

We persistently endeavor our best by updating our websites periodically to cater the unsurpassed knowledge of various aspects of redevelopment and unique articles written with exclusively powerful, precise and easy-to-understand content for every individual.

We request our beloved patrons of all Housing Societies/Apartment Owners/Landlords of Cessed and Non Cessed Buildings in their apex interest to regularly visit/revisit our websites and stay updated on latest features covering up-to-the-minute topics including changing Govt. Policies on Realty Sector related to redevelopment.

Redevelopment Documents, as the name suggest, are the principal documents executed between the Office Bearers of Managing Committee/Landlords and the Developers for the redevelopment of property. But it's not as simple as it sounds; the Housing Societies/Landlords need to exercise necessary caution to ensure that the residents' corporate interest is safeguarded.

The legal documents concerning the redevelopment projects are essentially to be precise and leaving no room for any ambiguity on the agreed terms. Documents drafted meticulously ensure that the parties truly agree on the contents and prevent future disputes caused by differing interpretations of the document. Drafting/Vetting of legal documents accurately is our privileged skill requiring close attention to terms and conditions to be documented in favour of the Society.

While it is easy to draft terms addressing the primary purpose of a legal document, the best documents anticipate all those possible events that might interfere with the Society’s intent. We anticipate these events to help our Client Societies/Landlords to determine and arrest such eventualities in documentation.
We are well adept in Laws governing the Redevelopment of Housing Societies and distinctly experienced in DRAFTING, VETTING, ANALYZING, SCRUTINY and INSPECTION of documents like Feasibility Reports, Tender Documents, Draft of Memorandum of Understanding, Development Agreement, Power of Attorney, Bank Guarantee and Individual Agreement to be executed with each member of the Society that are generally provided by the Developers to the Housing Societies which are drafted in a manner to provide escape areas/full protection to the Developers by neglecting the vital terms and conditions protecting the interest of the Society.

The venture of redevelopment of any property involves a massive volume of multi-crore of rupees as also the fate and future of all the resident members of the Society. Once the property is handed over to the Developers, the Society has only legal documents in their hand to rely upon, in case of any adverse situation in accomplishing the successful task of the redevelopment. Our approach in respect of analyzing/drafting all the legal documents pertaining to the redevelopment is scientific and systematic.

We have team of efficient and learned advocates for vetting and drafting of all legal documentations in most effective manner. Generally, the various drafts of redevelopment documents including the Development Agreement are sent by the Developers to the Society. These Drafts after methodically vetted, scanned and scrutinized theoretically by us and the gray areas/pitfalls and shortfalls are exposed and a detailed written report is given to our Client Society apprising them the areas of alerts and awareness and advise them that before its execution, the Society must impress upon the Developers to modify and improve all the legal documents of redevelopment in corporate interest and safety of the Society to achieve the desired results.

The Housing Societies must study, understand and try to forestall the weaknesses under Financial/Legal and Technical areas to be termed in Development Agreement benefiting the Members as many of these areas are conveniently ignored/not documented by the Developers in the Development Agreement and we impress upon the Housing Societies to emphasize upon and compel the Developers to add those ignored conditions in Development Agreement in the corporate interest of the Society to protect their hard earned homes.

Please click on the link given below to understand the importance of vetting and scrutinizing of various legal documents related to the redevelopment.
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As per the prevalent practice in the redevelopment industry, all the professionals fees and other charges of professionals hired by the Society such as Lawyers, Consultants, Counselors, Architects, Engineers and PMC are fully borne and reimbursed by the Developers to the Society as and when incurred or periodically as decided by the Society and this term is specifically mentioned in the Development Agreement.

We are equipped to provide most flawless and in impartial manner, our proficient consultancy services pertaining to redevelopment project of your Society including required comprehensive guidance online. All our Client Societies in Mumbai and Maharashtra have been successfully benefited by our all-round and timely assistance for successful completion of their redevelopment projects.  

At any point of need, our association with you shall remain online for any legal advice/clarification all the way through which would benefit the Managing Committee while negotiating the consequential and important terms with the Developers, sorting out multifaceted or intricate issues pertaining to the redevelopment project of your Society.

Dilip Shah 
Senior Counselor and Analyst for Redevelopment of Housing Societies and Society Laws