Legal Question in Real Estate Law in India
Advice on clause of Development Agreement
Ours is a commercial society (registered) and on lease from MHADA for a term of 30 years commencing from 1/9/1994.The
society is a chawl structure consisting of 20 shops(12 members,2 of which are new members,others old).The society has obtained FSI and is considering to go for redevelopment.A draft of the agreement with the Developer has also been prepared.As per the draft the existing members are to be alloted premises on the GROUND+1.But due to lack of horizontal space,it is not possible for all 20 members to be accomodated on the GROUND+1 pattern.As such3 members have voluntarily and without any compensation agreed to
adjust and occupy premises on the 2nd and the 3rd floors.The agreement also contains a clause regarding the same which says''The members shall also not
claim any compensation from the society for going on the upper floors.'' Please suggest if this point especially the phrase ''for going on the upper floors'' is strong enough to protect the existing members from the new members at any future date.If not please suggest a better point.
3 Answers from Attorneys
Re: Advice on clause of Development Agreement
upper floors may be replaced by "upto the sky"
Re: Advice on clause of Development Agreement
Once a Member enter into a standard writing of surrender of his/her premises and allotment of new premises, question of his/her claiming any compensation does not survive.
Kindly have necessary drafts prepared from a lawyer well versed in such matters.
Re: Advice on clause of Development Agreement
If I were to decide, I would better allocate places (apartment numbers and floor) to all the members right at this stage on the basis of the building plans so that things are not uncertain.
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