Legal Question in Real Estate Law in India

Our society wants to redevelop the building through a builder. One of the members flat is under dispute with PSU Bank. High Court Mumbai had disposed the case by transferring to DRT-mumbai for directions in the year 1998. We understand Bank obtained recovery certificate in the year 2007. However yet not proceeded for recovery of flat. We need to know in case Society needs to make agreement with builder for redevelopment how to proceed with respect to this member?

High court had passed the bank's prayer in the year 1998 before tranferring the case to DRT stating "To restrain this flat member from dealing with, disposing off, alienating, encumbering, parting with possession or creating third party right, title or interest"

Shekhar


Asked on 9/25/09, 3:57 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

In view of an order of injunction, society may not be able to proceed with builder with concerned flat.

If society consist of single building with this flat with court order, it is also not advisable to enter into an agreement of re-development as builder may not be able to proceed further till the time necessary orders from court are obtained.

Make it the first priority to resolve court order and then proceed further.

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Answered on 9/25/09, 5:03 am


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