PRIOR PERMISSION FROM DY. REGISTRAR BEFORE REDEVELOPMENT IS MUST

M.C.G.M
No.P.A.406323/V.N./General
Dt.15.04.2013

CIRCULAR

Sub: Obtaining prior permission for redevelopment of co-operative housing society from Dy. Registrar.

Co-operative Marketing & Textile Division, Govt of Maharashtra has issued a Directive No. SAGRUYO 2007/ Case no.554/14(S) dated 03.01.2009 regarding redevelopment of co-operative housing society building/s. In this directive, the redevelopment guidelines have been provided. (Refer Sr.3 to 18) Desk Officer, Co-operative Marketing & Textile Division in his corrigendum dated 19.10.2011 to Directive No. SAGRUYO 2007/Case No.554/14(S) dated 03.01.2009 has specified that Local Authority i.e. Civic Authority should insist the co-operative housing society to obtain prior permission from respective Dy. Registrar for redevelopment project.

Incidentally, that at the time of submitting proposal for redevelopment of co-operative housing society building/s, it is now made mandatory for the Local Authority to verify certificate obtained from respective Dy. Registrar that the redevelopment guidelines provided in directive issued by Co-operative Marketing & Textile Division, Govt. Of Maharashtra vide directive no. SAGRUYO 2007/Case No.554/14(S) dated 03.01.2009 and corrigendum dated 19.10.2011 to Directive No. SAGRUYO 2007/Case No.554/14(S) dated 03.01.2009 have been complied.

Sd/-
Chief Engineer (Development & Planning)

Sd/-
Commissioner
(M.C.G.M)

 

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WHAT IS TENDER DOCUMENT IN

REDEVELOPMENT

A document is called "TENDER DOCUMENT" vide which terms and conditions for Redevelopment of Housing Society are notified and offers called from Developers. It is designed to evaluate the overall capacity, financial means and experience of Developers. The Tender Document applies to all sections of Redevelopment including financials, design, documentation, project delivery through redevelopment and contract administration.

It is very important that the drafting of the Tender Document is done meticulously. Excellent skills & a very vast Legal & Technical knowledge is must to draft such an important document. It is recommended to avail the services of a professional, who is legally as well as technically qualified to carry out comparative evaluation of offers based on a perfect scientific technique.

The Tender Document contains brief details with regard to the Technical, Commercial and Legal conditions, detailed specifications about the Project including qualification requirements and the selection process for the successful bidder. The purpose of the Tender Document is to provide bidders with information to assist the formulation of their bid application.

The Project Management Consultant will first submit the Draft Tender Document. There should be a detailed discussion on the Draft Report by the Project Management Consultant and the Managing Committee/Redevelopment Committee. All doubts/points on the Draft Documents including the Pre-Qualification Bid, Technical Bud and Financial Bid must be clarified.

Key issues to be covered in the Tender are as under:-

 

• Project Background
• Earnest Money Deposit E.M.D. amount
• Security Deposit amount
• Minimum Third Party insurance amount
• Temporary Accommodation
• Bank Guarantee for performance of Project
• TDR to be purchased in the name of the Society
• Corpus Fund
• Extra Carpet Area offer
• Restriction on sale of commercial premises if any (e.g. to Hoteliers or in respect of any shops dealing in Non-Vegetarian food etc.)
• Arbitration Clause
• Liquidated damages for delay clause
• Misrepresentation/Fraud/Breach of Terms and Conditions
• Scope of Contract
• Defect Liability period
• Dairy of Progress report/Bar Chart
• Construction features and Amenities
• Details and Technical Specification of materials with relevant I.S. Codes
• Technical specification which should cover details such as General Condition, Demolition Work, Dismantling Work, Excavation and Re-Filing, Anti-Termite Treatment, Masonry and Plastering Work, Brick Bat Coba and Water Proofing Treatment, Doors and Windows, Flooring, Sanitary, Water Supply and Drainage, Painting, Landscaping and Safety Codes etc.
• Quality Assurance Program
• Redevelopment proposal summary
• Plot area details along with area working
• Parking Facilities
• Safety Code
• Pre Qualification Application
• Financial Offer Application
• Society Documents
• Validity of Offer

Approval of Draft Tender:-

At the Special General Meeting the Draft of Tender and Tender Notice are to be approved by the majority

Notice of Tender Document to be given in the Newspapers:-

Tenders shall be called from a well known expert and experienced Developers. Notice to be given to all the members of the Society about the floating of Tender Documents. Members must be requested to recommend a known Builder. The Office Bearer or any member of the Society or any relative of members is prohibited from being the Developer.

The Secretary shall display on the notice board, the list of Tenders received on the last date of the receipt of Tenders.

Opening of Tenders:-

Fifteen days after the last date of receiving Tenders, the Secretary of the Society shall convene a Special Managing Committee/Redevelopment Committee or Special General Meeting for opening the Tenders received. In the said meeting representatives of Developers who have made a bid in the Tenders shall be allowed to remain present at the Meeting as observers. Received Tenders shall be opened in the meeting in the presence of Architect/Project Management Consultant and all persons present at meeting.

Instructions to Tenderer:-

Site visit:-

Before submitting the Tender, the Tenderer must visit the site of work at his own expenses and familiarize himself with all the site conditions, approaches, availability of materials, camping facilities etc., which may affect the work. For this visit the Tenderer may contact the Consultant.

Submission of a Tender by a Tenderer implies that he had read all the Tender documents including amendments if any, and has made himself aware of the scope and specifications of the work to be done, local conditions and other factors having any bearing on the execution of the work.

All necessary access road will have to be made and maintained by the Developer at his cost. The other agencies employed by the Employer may use the access roads and the developer shall not claim any amount or object to such use of the access roads.

Clarifications to be sought:-

To assist the examination, evaluation and comparison of the Tenders, Managing Committee of the Society may at its discretion ask the Tenderers for any clarifications as considered essential. All such correspondence shall be in writing and no change in price or substance of the Tender shall be sought or permitted. The above clarification for submission of the details shall form part of the Tender and shall be binding on the Tenderer.

Form of Tender:-

Tenders shall be submitted in the prescribed format and manner complete in all respects. Each page of the Tender Document is required to be signed by the Tenderer. Any Tender with any of the document not so signed shall be rejected. No alterations, additions or erasures in the Tender Document are permitted and will cause such Tenders liable to rejection.

Tender form must be filled in English and all entries must be made by hand and written in ink. Erasures and alteration made, if any, while filling the Tender must be initialled.

In case the Tender is submitted by any Proprietary Concern, it shall be signed by Proprietor only. The Proprietor should submit Bank Signature Verification from their Bankers. In case of a Registered Company, Partnership firm, the seal of the Company/Firm shall be affixed over the signature of one or more Directors/Partners as may be provided in the Articles of Associations or Deed of Partnership.

If it is found that two or more persons who are connected with one another either financially or as principal and agent or master and servant have Tendered under different names for the same contract without disclosing their connections, then such Tender will be rejected and Earnest Money Deposit shall be forfeited. Any contract entered into under such conditions is also liable to be cancelled.

A bidder in the capacity of Individual or Sole Proprietor, Partnership firm or Company can participate in the Tender and the bidder must forward attested copies of the constitution of its firm such as partnership deed, Memorandum & Articles of Association, etc. along with original Power of Attorney of authorized signatory.

Submission & Opening:-

The Tender shall be submitted in accordance with these instructions and any Tender not conforming thereto is liable to be rejected. The Tender shall be submitted in two parts – Pre-Qualification Bid and Financial Bid.

The Pre-Qualification Bid shall include the description of the Developers in the formats in the "Pre-Qualification of Developers" typed in separate sheets and kept in a sealed envelope super-scribed "Pre Qualification of Developers"

The Financial Bid shall comprise of all documents in this Tender (Duly Filled in) except the Pre-Qualification and kept in a sealed envelope super-scribed "Financial Bid" for Proposed Redevelopment of The Existing Building Known As "_________Co-Op Housing Society".

Both these sealed envelopes together should be kept in a third main envelope along with the Pay Order/D.D. for EMD and super-scribed "Tender/offer for Proposed Redevelopment of The Existing Building Known As "________Co-Op Housing Society" and submitted in the Consultant's office.

The Pre-Qualification bid will be opened first and the Builders/Developers who are found competent enough by the Society in consultation with the Architects will be considered for evaluation of their financial bids and subsequent award of work.

The financial bids of the Developers that do not satisfy the pre-requisites mentioned in Pre-qualification Bid will not be considered. The Tenders that do not fulfill any or all of the above conditions or are incomplete in any respect are liable to be summarily rejected. Corrections, if made, shall be made neatly and clearly and duly attested by one authorized do so.

Acceptance & Rejections:-

a. Conditional Tenders are liable to be rejected. Tenderers are advised to avoid putting conditions that are at variance with the terms and conditions already stipulated in the Tender or quote conditional rates for any of the items in the Schedule of Quantities.

b. The Tenderer/officer may in the forwarding letter mention any points which he may wish to make clear, but right is reserved to reject the same if the whole of the Tender becomes conditional.

c. The Tender will be liable to be rejected outright if while submitting it.

d. The Tenderer proposes any alteration in the work specified in the Tender, in the time allowed for execution, and any other conditions

e. Any of the pages of the Tender are removed or replaced

f. All corrections and additions or pasted slips are not initialled by the Tenderer

g. The Tender is not complete in all respects

h. Tender Deposit is not submitted with the Tender at time of Submission.

Execution of Agreement:-

The Tenderer whose Tender is accepted shall be required to present himself in person at the office of Employer/ Consultant after the issue of Letter of Intent to execute Agreement on the proper form. Failure to furnish the security deposit or to execute the Agreement within the time specified shall constitute a Breach of Agreement attached by the acceptance of the Tender in which case the Earnest Money accompanying the Tender shall be forfeited by the employer as liquidated damage for such default without prejudice to his being liable for any further loss or damage incurred in consequence by the employer.

Return of Tender document:-

The Tender document together with Notice inviting Tender Letter shall eventually form a part of the Development Agreement to be entered into between the parties.

The Notice Inviting Tender (NIT) letter complete with all enclosures shall be returned to Employer/Consultant by every party to whom it is sent irrespective of whether he/it wishes to submit the Tender or otherwise.

Agreement preparation charges:-

It is mandatory to execute an Agreement/Work Contract with Project Management Consultant as per the Clause No. 6 of the Government Guidelines dated 03/01/2009 on Redevelopment of Housing Societies in Maharashtra envisages as under:

"Issuing Appointment Letter to the Project Management Consultant:- Secretary of the Society will within 15 days of the meeting issue Appointment Letter to the Project Management Consultant selected in Special General Body Meeting and Society will enter into an Agreement with Project Management Consultant incorporating therein terms and conditions approved in Special General Body Meeting".

Developer shall reimburse Rs...........towards Legal and other Incidental Expenses of whatever nature connected with the preparation and execution of Contract Agreement Documents to the Architects M/s................. It may be noted this charges does not include any professional fees payable to the Advocates and Solicitors as clearly mentioned in the Tender.

Safety Code:-

Safety precautions shall be followed as per the "SAFETY CODE" attached in the Tender. In addition, the Developer shall provide safety barricades for the safety of persons moving in the compound in the form of hessian cloth screens at no extra cost.

Security Deposit & EMD:-

The Security Deposit and Earnest Money Deposit will not bear any interest.

 

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DOCUMENTS RELATING TO REDEVELOPMENT OF HOUSING SOCIETIES

Documents relating to Redevelopment are the principal documents to be executed between the Office Bearers of Managing Committee and the Developer for the redevelopment of any property. But it's not as simple as it sounds; the Housing Societies 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 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 or Landlords to determine and arrest such eventualities in documentation.

The number of redevelopment projects are being scaled back or even abandoned on a half way is tremendously on the rise due to wrong selection of Developer and imperfect drafting of redevelopment documents. Inevitably, some projects fall into dispute whenever a Society decides to suspend or terminate the Development Agreement on account of breaches and if the disputes necessitate litigation, the Society will learn lessons (often too late) about the importance of perfect documentation.

We have team of learned Advocates for vetting and drafting of all legal documentations in most effective manner. 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 to impress upon the Developer to modify and improve all the legal documents of redevelopment in corporate interest and safety of the Society to achieve the desired results.

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

A brief description of various legal documents involved in redevelopment and its characteristic is given below:

FEASIBILITY REPORT: The Society, on appointment of the Project Management Consultant (PMC), directs him to prepare a Feasibility Report and handover the same to the Managing Committee. Feasibility Report is a document that is prepared by PMC after an analysis of the existing plot and structure. The feasibility study is an evaluation and examination of the potentials of a proposed redevelopment project which is based on extensive investigation and research to support the process of decision making whether or not the project will be successful. The Feasibility Report helps the Society to study the financial feasibility of a Developer; financial and technical viability of the project etc.

TENDER DOCUMENT: A document is called a Tender Document vide which various terms and conditions for redevelopment of Housing Society are notified and offers are called from Developers. It is precisely designed to evaluate the capacity, capability and experience of Developers.

It is very important that the drafting of the Tender Document is done meticulously. Excellent skills & an exceptionally vast legal and technical knowledge is must to draft such an important document. It is recommended to avail the services of a professional, who is legally as well as technically qualified to carry out comparative evaluation of offers based on a perfect methodical technique.

The PMC will first prepare and submit the Draft Tender Document on which there should be a detailed discussion and the Managing Committee together with Redevelopment Committee. All doubts/points on the Draft Document including the Pre-Qualification Bid, Technical Bid and Financial Bid must be discussed and recommend changes wherever necessary before floating of the same. The Housing Societies are advised to get the Tender Document vetted by experts like us to ensure that no vital terms and conditions are ignored or left behind.

DEVELOPMENT AGREEMENT (DA): After the terms of redevelopment are settled and the Developer is selected, the Society receives a Draft of Development Agreement from the Developer specifying therein, all the agreed terms with the Society.

The Development Agreement is executed between the Society and the Developer to construct the new building on the land owned by the Society by using available FSI, Premium FSI, Fungible FSI, TDR etc and provide new flats with additional area to the existing members free of cost and also pay rent, corpus, shifting charges etc. as a consideration for allowing the Developer to carry out the redevelopment on the plot of land owned by the Society.

The Development Agreement records all the financial, legal, technical and general terms agreed between the Developer and the Society. Through this Document, the Development Rights are assigned by the Society to the Developer.

INDIVIDUAL TRIPARTY PERMANENT ALTERNATE ACCOMMODATION AGREEMENT: When the new flats with an additional area are provided in the new building by the Developer to the existing members of the Society as per the agreed terms of Development Agreement and in order to establish the title of the new flat, a separate Tri-Party Agreement known as Permanent Alternate Accommodation Agreement has to be executed by the Developer with the existing member wherein the Society shall be as confirming party. This Agreement must be executed immediately after the issuance of Intimation of Disapproval (IOD) and before the existing member hands over his flat to the Developer for redevelopment. The Stamp Duty and Registration Charges will have to be solely paid by the Developer.

As per the Transfer of Property Act, 1882, any transaction pertaining to the immovable property exceeding Rs.100/- needs to be in documented in writing and has to be registered as required under Registration Act, 1908.

The importance of this Document is to have Title Document of the new flat permitting the existing member to sell his flat in future as also to mortgage the new flat and raise the loan from Bank/Financial Institution. As per the amendment done, in the Schedule I to the Bombay Stamp Act, 1958, even if the Society issues a Letter of Allotment of new flat in the new building, the same shall be treated as an Agreement and applicable Stamp Duty will have to be paid. Therefore it is a must that existing member should get the Permanent Alternate Agreement executed for new flat as advised above.

POWER OF ATTORNEY (POA): To enable the Developer to develop the property in accordance to the terms and conditions as set out in the Development Agreement and to carry out all the work pertaining to the development of the property, the Society executes a general Power of Attorney in favour of any one of the Directors/Partners or Proprietor of the Company/Firm to act for and on behalf of the Society to do all acts and things relating to the said property, to deal with and correspond with the Municipal Corporation of Greater Mumbai, Mumbai Metropolitan Region and Development Authority, Mumbai Housing and Area Development Authority and all other Offices and Local Authorities and/or the State Government and/or Central Government and its departments in respect of redevelopment of said property, to apply for and obtain sanction of building plans or the revalidation, to apply for and obtain Commencement Certificate, Occupation Certificate, Building Completion Certificate and all other relevant certificates, to deal with and correspond, to demolish, pull down, construct, reconstruct, repair, improve upon the said property or any part or portion thereof, to appoint Architects, RCC Specialists, Engineers and other Professionals to sell and dispose of the remaining premises, area, flats, commercials that have been constructed and generally to do all other acts and matters in connection with or relating to redevelopment, construction, completion and occupation of the new building/s of the Society.

MEMORANDUM OF UNDERSTANDING (MOU): MOU is described as bilateral written understanding known as formal agreement between the Society and the Developer. It expresses a convergence of terms and conditions between the parties, indicating an intended common line of action on redevelopment. It is initially used in cases where parties intend to imply legal commitments pending the execution of final agreement. It is more of a formal alternative to a Gentlemen's Agreement. For an MOU to have legal effect, the essential terms must be sufficiently clear and certain.

BANK GUARANTEE: The Developer furnishes an irrevocable and unconditional Bank Guarantee in favour of the Society which is equivalent to the cost of construction of new building as Performance Guarantee based on the Feasibility Report prepared by the PMC appointed by the Society. The said Bank Guarantee is furnished before vacating the premises by the existing members and remains in force until the Developer completes the intended new building and notifies the Society to take possession of the members' flats. The entire Bank Guarantee stands withdrawn after completion of the intended new building in pursuance to the grant of Building Completion Certificate and Occupation Certificate by the MCGM. If the Developer fails to complete the construction of the intended new building within the stipulated period of completion, then the Society is entitled to cash/invoke the said Bank Guarantee and complete such incomplete or pending work by engaging a Developer or Contractors of their own choice. However,the Society shall not be entitled to invoke the Bank Guarantee, if the work is delayed due to the force majeure conditions as documented in the Development Agreement.

 

CHECK LIST OF VARIOUS DOCUMENTS OF REDEVELOPMENT AND FOR REGISTRATION

A. SOCIETY DETAILS

Plot no:
Ward:
Plot Area:
Survey No:
Hissa No:
CTS No:
Conveyance: Yes/No
Date of Conveyance:
Indenture of Conveyance:
Lodge for Registration under Serial No:
Useable Area:
Structure: Ground+………..
Flat Category:

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B. COPIES TO ATTACH WITH DEVELOPMENT AGREEMENT FOR REGISTRATION
(With adjudication or without adjudication)

Property Card:

Total Area Statement: Existing members existing area and free area offered:
SBGM Resolution
Society Registration Certificate
Details of Share Certificate of all members
List of Amenities
Resolution for Signing Authority
Typical Floor Plan
Conveyance Copy/Index II
Society's Letter of Intention
2 Witnesses, their Photo ID proof and 2 Passport size Photograph of each of them
2 Passport size Photograph of all signing authority and their Photo ID Proof
Society Rubber Stamp
Developers Rubber Stamp
Pay Order for Stamp Duty (Adjudicate Agreement)
Pay Order for Stamp Duty (Non Adjudicate Agreement)
Pay Order for Registration

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C. COPIES TO ATTACH WITH POWER OF ATTORNEY FOR REGISTRATION

Final Draft of Power of Attorney

CTS Plan
Property Card
2 Witness, their Photo ID proof and 2 Passport size Photograph of each of them
2 Passport size Photograph, Photo ID Proof and 2 Passport size of all signing authorities.
Society's Rubber Stamp
Developers Rubber Stamp
Pay Order for Registration

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D. COPIES OF DOCUMENTS TO ATTACH WITH PERMENANT ALTERNATE ACCOMODATION FOR REGISTRATION

Agreement for Permanent Alternate Accommodation
NOC letter from Society to Member on Society's letter head
Receipt of Stamp Duty paid on Development Agreement
First and last two pages of Registered Development agreement
Old Share Certificate (Front & Back)
Property Card
City Survey Plan
Occupation Certificate of old Society
Assessment Bill (Old) Of Society
Ration card of member
Electricity bill of member
Society registration certificate
Floor plan of Member
IOD and CC
Copy of Member's Election Card and Pan Card
2 passport size photographs

 

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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.

There are various reasons due to which the redevelopment of old buildings has become a common cause of serious concern for the thousands of Housing Societies across Mumbai. It is the calamitous need of the hour that those Societies standing on the threshold of redevelopment and want to ensure the successful completion of redevelopment task without any imperil; get genuine advice and educate themselves by the redevelopment experts and counsellors having both, the experience and expertise.

Societies should run a thorough background check on the Developer before going ahead with the contract however, this fear should not refrain them from undergoing redevelopment. All the members of the Society must read the fine prints of the Development Agreement containing the vital terms and offer their thoughtful and solicitous comments and observations before getting the Draft of Development Agreement approved in the General Meeting as here is a question of handing over of their hard earned shelters to the Developer.

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/counselors, 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 Counsellors 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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