For a construction project where modalities / intricacies of technical works needs to be executed with legal safeguards . The terms defined at agreement shall be crystal clear / implementable for anyone to understand & agree , acceptable for contractor / developer to execute efficiently .

For successful implementation of terms / project :  An agreement between Developer & society / plot owner requires to be drafted as per primary terms agreed between parties and under the statuette law of land . ( In 99% cases ) Or It is universal truth that the terms agreed & written always varies to certain ( minor / major ) extent during implementation. Those changes can be within
acceptable limits from both sides subject to perception. The Techno – legal advice / expertise at this level will help provide secondary terms to be applied in cases of minor / major changes on primary terms considering the options & application with both party / side. This expands applicability of terms and allows to understand the expected differences and accordingly built up the knowledge /
perception in advance. The inbuilt secondary terms will not allow the contractor / developer to manipulate OR dictate terms after agreement & during implementation. This works as major tool to avoid the disputes between parties at later date and will automatically help achieve 99% success & satisfaction.

Under differences between parties on agreed terms :  Many instances are available to prove / justify that the intention / perception of any party changes as time goes by or as implementation takes place. It has been observed that at many occasion general public / society, 50% of affected party ( weaker part ) accepts the changes as it may be directed / dictated by ( stronger part ) developer / builder. The Techno – legal advice / expertise at this level will help / support the weaker party , Each time the developer tries to dictate / force upon his terms, the agency / entity can be shown the secondary terms
to be applied in cases of minor / major changes on primary terms. Thus a confrontation / larger disputes can be avoided and project will complete successfully 90% .

At Arbitrator / Any level of Court : If still developer ( influential / stronger party ) choose to give a fight a different level. Any third party / court of law will go by terms agreed & signed between parties, they will also consider the statute law of land. But will be able to device solution / provide relief sooner than later due to defined & agreed secondary terms. The terms once signed are not open for
interpretation for any third party including the judges at any court. ( subject to same shall not supersede statute law of land ) . Thus legal battle in courts generally running for years can be avoided.

General situation :  After an agreement is drafted & signed between parties – Developer & society /
plot owner, many a times it is drafted one sided to suit one party ( developer ) In 90% cases the perception changes as time passes also terms varies to certain ( minor / major ) extent during implementation. Due to change of mindset / on site condition / ego issue / malafide intention / cheating, Many a times the BUILDER / developer simply rebukes the COMMON MAN / society member with statement – GO TO COURT & GET ORDER . Many instances are available to prove / justify such intention. It is widely known that general public / society 50% ( weaker part ) opts to remain silent & accepts the changes as it may be directed / dictated by ( stronger part ) developer / builder. But many ( 40% ) of the citizen do chooses to give a tough fight. Hence with legal action follows another battle with / without efficient paper in hand , matter goes to different level of courts for justice. Depending upon the suitable terms written & agreed on paper added with money & influence and years long legal battle one gets reprieve from court or / arbitrator.

Survey on Indian judicial system says :- Only 5% of registered / filed legal cases involving implementation of contractual obligation has been justified / ordered / fulfilled after court case. RERA has more than 3000 complaints out of this approx. 20% has been sorted out.

Download

Download

• Conveyance of the property
• Property Card in the name of the Society
• Old Occupation Certificate along with Plans
• CTS Plan
• List of Allotment of Members along with the carpet area
• Development Plan Remark

A Cooperative Housing Society may provide a limited Power Of Attorney to a developer in order to obtain the necessary approvals. Some of the essential approvals needed (but not limited to) are: NOC from the Chief Fire Officer, Traffic NOC, Storm Water NOC, NOC from BMC for water, NOC for a Borewell, Building Proposal Department’s approval, among others.

When considering a developer to implement a redevelopment project, keep the following in mind:

• The financial stability of the developer
• Past performance
• If there is there any litigation against the company / group of companies?
• Has the developer adhered to all statutory payments and compliances?

Transparency is one of the most important factors to be considered during redevelopment. All the necessary terms and conditions must be listed and documented beforehand. No conditions should be accepted orally. Illegal activities are absolutely not permitted during the process of redevelopment

In a redevelopment project the stamp duty registration and statutory payments on the area are borne and paid for by the developer. Any pending payment of the existing members shall be borne by themselves. If a housing society member purchases additional area, all payments such as Stamp Duty, Registration, GST etc. will have to be borne and paid by them

A cooperative housing society works on a majority and is not run by an individual. A majority of 75% votes is required to carry out a redevelopment project. No individual member for his personal gains can stall the redevelopment of a project