Hello, I am owner of 2 bhk flat of a 3 floors building. I am looking for sending a legal notice and seeking legal guidance on following 3 points. Please let me know your fees, if possible. Email [deleted] I am being continuously ignored in the redevelopment process regarding my crucial rights as an owner. especially on following 3 points- 1) In the latest situation, I have Not received even a Single DOCUMENT regarding Redevelopment from the society managing committee and the builder. I have demanded it from them through the registered AD letter that was received, but they have ignored it. 2) There is no clarity regarding the sharing of Monetary benefits between society and the builder in the redeveloment agreement. The redeveloment agreement is very basic, without any arbitration clause. But it is mentioned in the agreement that separate agreements will be done with every member. I receive only rent through a monthly cheque. No deposit, no shifting money. No other monetary benefits are even disclosed to me by the managing committee. 3) I never received even a single document regarding redevelopment, so i have Not given my Signature to demolish my property/flat until I receive the documents. But still, the society building was demolished without informing me.. This is crime. I have done FIR against the managing committee and the builder regarding this with the commissioner of police through email with photographs, the same day the building was demolished. Also no NOC is sought from my housing loan bank regarding demolishing the society building. In above situations please guide me what steps should i take to get my crucial rights. Thanks so much Best Regards
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Complain to registrar against failure of society to furnish copy of redevelopment agreement and other documents
2) seek copy of sanctioned plans ?IOD if any issued
3) that society has not followed procedure for redevelopment,no tenders were floated for redevelopment,No SGM approval obtained
3) engage any lawyer for sending legal notice
You can issue a legal notice to the builder and the society to furnish the copy of the agreement signed with the developer for redevelopment
You can mention in the legal notice that neither your consent was obtained before demolishing your flat nor a NOC was obtained from the bank from where you obtained loan, hence you can demand explanation or compensation.
No doubt you will not get any reply as usual and they will ignore the legal notice also.
Hence after that you can straightaway approach either RERA with a complaint venting out your grievances and seek relief or can approach court with a suit for injunction to restrain them from progressing with the construction/redevelopment for the reasons you have stated in your legal notice.
Dear Client,
Regulations that mandate open communication, just recompense, and respect for due process safeguard flat owners. These regulations guarantee that owners are given sufficient notice, comprehensive information about the redevelopment plan, and a chance to express any concerns. The managing committee or association of a society is crucial in negotiating terms for the flat owners with the developer. Consent thresholds are a common feature of legal safeguards that enable owners to jointly accept or reject redevelopment proposals. It is imperative to maintain lucidity in redevelopment agreements including financial ramifications, deadlines, and conflict resolution processes.
- As per law, the society committee needs to obtain consent from at least 75% of the society members for the redevelopment project to proceed, and this consent is crucial for initiating the redevelopment process.
- Further, a written consent by the members for going ahead with the demolition of their existing building and constructing a new building is mandatorily required.
- Hence, the society is bound to take your consent for the redevelopment of the society
- You can send a legal notice and if no positive response then file a complaint before the Registrar
You can file a writ petition or suit before city civil court seeking stay on Redevlopment process
