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12TH & 13TH APRIL, 2014

CONFERENCE & EXHIBITION ON REDEVELOPMENT OF HOUSING SOCIETIES AT PALAI BANQUET HALL, KOHINOOR MALL VIDYAVIHAR (WEST)

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1. Mr. Ramesh Prabhu, Moderator
2. Mr. Boman Irani, CMD - Rustomjee
3. Advocate Parimal Shroff, Advocate Ameet Mehta
4. Advovate Vinod Sampat, Advocate Anil Harish
5. Shri Suresh Pawar, Advocate & Rtd Co-op Court Judge
6. Shri Suresh Sahu, Structural Engineer
7. CA.Vimal Punamia, CA.Rajkumar Adukia, Chairman, Co-op Committee of ICAI, Architect Arvind Nandapurkar
8. Architect Mr. Vilas Dikshit and
9. Shri.Dilip Shah, Senior Counsellor and Analyst for Redevelopment of Housing Societies and Society Laws

 

29TH SEPTEMBER, 2013

Seminar on Redevelopment of Housing Societies at LAXMI NAGAR HALL, 10TH Road, Khar (West) organized by Edifice Erection Pvt. Ltd.

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1. Shri Utkarsh Jani: Project Management Consultant –Edifice Erection Pvt. Ltd Sub: PMC's Role in Redevelopment of Housing Societies
2. Shri Durgesh Kothari: Architect – Edifice Erection Pvt. Ltd and Member of Council of Architect) Sub: MCGM's Present Policy and Rules for Redevelopment in Suburb
3. Shri Dilip Shah: Senior Counsellor and Analyst for Redevelopment of Housing Societies and Society Laws Sub: Scrutiny of Development Agreement in Redevelopment of Housing Societies
4. Shri Subhash Patil, Dy. Registrar, ‘H’ West Ward Sub: Deemed Conveyance
5. Advocate Ashun Lahiri Sub: Legal aspects on Deemed Conveyance

 

19th May, 2013

Seminar on Redevelopment of Housing Societies at FAMY HALL, Shimpoli Road, Borivali (West) organized by Edifice Erection Pvt. Ltd.
Chief Guest: SHRI GOPAL SHETTY – MLA, Borivali (West) Assembly and PRESIDENT, Mumbai BJP

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Leading Speakers Were:

1. Shri Utkarsh Jani: Project Management Consultant –Edifice Erection Pvt. Ltd Sub: PMC's Role in Redevelopment of Housing Societies
2. Shri Durgesh Kothari: Architect – Edifice Erection Pvt. Ltd and Member of Council of Architect) Sub: MCGM's Present Policy and Rules for Redevelopment in Suburb
3. Shri Dilip Shah: Senior Counsellor and Analyst for Redevelopment of Housing Societies and Society Laws Sub: Scrutiny of Development Agreement in Redevelopment Of Housing Societies

 

27th June, 2012

Conference On Redevelopment Of Housing Societies At Nalanda Hall, Times Of India (Times Property)

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Seen are:

1. Sr. Adv. Shri Patwardhan (Consumer Court, Mumbai)
2. CA Shri Ramesh Prabhu (Chairman, MSWA)
3. Adv. Hemant Agarwal (Criminal Court, Mumbai) and
4. Shri. J.B. Patel (RTI and CHS Activist Mumbai)

 

17th September, 2011

Public meeting at Juhu on Redevelopment of Housing Societies with Questions and Answers on Society Laws sponsored by RTI Union CHS Forum.

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Leading Speakers Were:

1. J. B. Patel, CHS Activist
2. Vinod Sampat, Advocate and President of the Co-operative Societies Residents & Users Association
3. Krishnaraj Rao, Journalist and National RTI Activist

Redevelopment of Housing Societies

Redevelopment of properties of existing Co-operative Housing Societies has been a subject of great interest in recent years, both to the Societies and to the Builders. With the real estate prices touching a new high, residents in old buildings are now discovering that they have an opportunity to unlock immense value from their property by offering it to a Builder/Developer for redevelopment.

Redevelopment is the process of demolishing existing old society building and reconstructing it by appointing a good Builder who can construct and handover new flats to the Society members free of cost with some additional benefits and make profit by utilizing balance plot potential by constructing additional flats and shops as per approval from M.C.G.M.

Redevelopment has become quite popular in Co-operative Housing Societies since it is a most practical, economical and long term solution in a scenario where old structures are proving uneconomical or obsolete; whereas for the Builder it is a cost effective way to construct residential/commercial premises by utilizing the unused potential i.e. the Floor Space Index – Transferable Development Rights with gradual capital investment, in times of heavy land prices and in a situation of unavailability of land in good locations.

A Redevelopment arrangement begins with the conception of an idea to redevelop the old building and it ends with the handing over of the agreed constructed area in new building and the corpus money or other monetary consideration to the Society by the Builder. Builders on their part are also on the lookout for properties with unused development rights where they can build a new structure of a few storeys higher and sell those additional flats for a tidy profit for them.

Builders/Developers, who opt to purchase land and develop the same, incur huge stamp duty cost on transfer of land. However, when it comes to redevelopment of old buildings, the stamp duty is reduced by a significant extent and this acts as a major benefit for developers. Tenants also get several benefits like hassle free execution, extra carpet area, increase in flat’s value and in most cases, alternate accommodation/ reimbursement or rent compensation for the period the building is under construction.

However, there are many factors/questions that arise during the ongoing process of redevelopment and they are to be taken care of diligently while opting for Redevelopment.

These factors by and large are the prompt implementation of Govt. Guidelines, Delay in possession of flats in redevelopment of Housing Society, Delivery of flats in time, Bumps, Bash and Bouncers from Builders, Busting of redevelopment projects of Housing Societies, Corrupt Members of Managing Committee, Faults, Facts and Fundamentals about redevelopment, Drafting of Development Agreement, Responsibility of Members of the Managing Committee in redevelopment, Letter of Consent to be furnished by a Member of the Housing Society, Corruption in redevelopment , Redevelopment and sand shortage, Recovery of dues from defaulting members, Selection of a good Builder, Unauthorized constructions by Builders and many more.

 

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ABOUT US

 Dear colleague,

Greetings from Dilip Shah, Senior Counselor and Analyst for Redevelopment of Housing Societies and Society Laws.

Equipped with a team of learned Advocates well adept in redevelopment laws, 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. 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 the entire process of redevelopment supported by theoretical learning.

It is indeed our pleasure to introduce our exceptionally unique websites graded by google as 5-STAR, distinctively designed to educate the adolescent members with 265 articles well drafted in easiest language covering all the avenues of redevelopment. These articles are much beneficial for the Members of the Managing Committees of thousands of Co-operative Housing Societies as also Tenants of Tenanted Buildings who like to learn what is redevelopment and its built-in intricacies. The addresses of our two websites and google page are as under: 

www.redevelopmentofhousingsocieties.com & www.redevelopmentofhousingsociety.com

https://www.google.com/search?client=firefox-b-d&q=redevelopment+of+housing+society 

With prior appointment on 9819825752, our consultancy slots of one hour are from 06.00 pm to 07.00 pm on all the days of the week (Including Sundays and Holidays) held via Zoom/Google Meet as also in person at our Andheri West Office. The pre-paid consultation charge per slot of one hour allotted to each client on one-to-one basis is Rs.3,000/-.   

Whenever our clients wish to avail our services, they may call on us for an appointment via Video Conferencing or in person at 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 Real Estate (Regulation and Development) Act and Maharashtra Real Estate Regulatory Authority (MahaRERA) 2017, 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, MahaRERA and the latest DCPR 2034 as well.  

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 Norms etc. 

The most important factors that bring out the successful results in any project of redevelopment and they are 1) Co-operation from the Members of the Society 2) The selection of competent Developer and 3) 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 DEVELOPER. There are many cases where the dreams of members of the Housing Societies are crashed when the terms of Development Agreement, Power of Attorney, Individual Agreements (Permanent Alternate Accommodation Agreement) etc. are breached and time schedule of completion of project is not maintained by such insatiable Developers.

There are voracious Developers of lower grades who have abandoned or have delayed thousands of redevelopment projects in Mumbai due to various reasons mainly because of their incompetence, 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 experience, precision and technical and finance management.

It is very important to know that the Society is also a Promoter in the project as the Maharashtra Real Estate Regulatory Authority has by its Order No.12/2017 dated 4th December 2017 read with the Order No. 13/2017 dated 4th December 2017, an article link from one of our websites is given hereunder:  

https://www.redevelopmentofhousingsociety.com/index.php/256-housing-society-is-now-a-promoter-instead-of-co-promoter-in-redevelopment-says-maharera).

It is stipulated in the MahaRERA Act that the Society is also being a Promoterin the redevelopment project that is registered/required to be registered with the MahaRERA and as such, the Promoter even as Society within the meaning of the said term is therefore jointly liable for the functions and responsibilities specified in the MahaRERA Act in the same manner as Primary Promoter i.e. the Developers who actually obtain building permissions and carry out the construction till the OC and BCC is procured.

As defined in the said MahaRERA Order that the Society being a Secondary Promoter and if the Primary Promoter i.e., the Developers who fail to deliver the promised flats to the existing Members and the new purchasers of the flats, the Society shall have to complete the project by invoking the Bank Guarantee/borrow the required fund from private Financial Institutions/Others.

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 and 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/criminal  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, overnight transfer of projects without the permission of the Housing Society, breach of trust, cheating, unfair trade practice, deficiency in service, abandonment of redevelopment projects half way, corruption and malpractice to pocket the redevelopment assignments, illegal constructions, blatant violation of Acts, Laws and Rules etc.

To evaluate the overall competence of contesting Developers, we have devised ‘Due Diligence Formats’ to be furnished by the short-listed Developers to the Society before the final selection. These formats provide accurate and reliable analysis encompassing all the financial parameters, details of their new redevelopment projects/redevelopment projects under construction, completed and under negotiation, details of their banking transactions, loans taken, source of funding to redevelopment project, book debts, creditors, debtors, various contractors, material suppliers, details of entire personnel of the Developer in various discipline, Court cases/legal proceedings with various authorities etc.      

Redeveloping a home is a major decision for the lifetime and one would not want to take chances. It is said that till the Members handover their flats to the Developers and leave the Society, they are the KING. The day on which they handover their property to the Developers for redevelopment and leave the Society, the Developers are the KINGS.   

Apart from our own two websites, our articles are published by numerous other social 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 middle-class members and Managing Committees, rampant corruption in BMC, flagrant violation of rules and regulations by the Developers and how to beware of such cheat and fraud Developers and their dishonest acts/intentions.

We are well equipped with the knowledge of almost all the areas of redevelopment of housing societies with regular updates of latest developments in Redevelopment/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 need 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 documents. Drafting/Vetting of legal documents scientifically with utmost accuracy 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 the legal documents, 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.

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 and within the framework of the Acts, Laws and Rules governing the redevelopment.

We are well adept in Laws governing the Redevelopment of Housing Societies and distinctly experienced in scientific DRAFTING, VETTING, ANALYZING, SCRUTINY and INSPECTION of like Feasibility Reports, Tender Documents, Memorandum of Understanding (MOU), Development Agreement (DA), Power of Attorney (POA), Bank Guarantee and Individual Agreement (PAAA). We have team of learned Advocates for vetting and drafting of all legal documentations in most effective manner. Generally, the various drafts of redevelopment documents as listed herein above, are sent by the Developers to the Society which are drafted in a manner to provide escape areas/full protection to the Developers by deliberately neglecting the vital terms and conditions protecting the overall interest of 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.

http://redevelopmentofhousingsociety.com/index.php/article-showcase/redevelopment-matters/importance-of-scrutiny-and-vetting-of-redevelopment-documents

We also recommend going through our following videos.

1. https://www.youtube.com/watch?v=rIHEh23aqtE

2. https://youtu.be/0Q4TaSCzvkg

3. https://www.youtube.com/watch?v=Za8enLqsi7w

Unlike the other Solicitors/Advocates and Legal Consultants who are charging Rs. 8,00,000/- to Rs. 10,00,000/- or even more depending upon the number of members in Society and without having the required professional know-how of documentations or absence of advanced knowledge of vital terms and conditions in Redevelopment Agreement which in many cases leads the Society to lose the legal battle against the Developers in Court of Law. Our charges (negotiable) are “Assignment Specific” i.e., on a-la-carte basis which are comparatively cheaper.  

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, Legal 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.

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 pre-paid association with our clients 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 the Societies.

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