Legal Question in Real Estate Law in India

tenant since 1948 in 2005 agreement for re development of the old bldg with same area for flat in leave of surrendering the tenancy rights on ownership basis. Building completed in 2008 and possession given part OC for the building is obtained by the developer water and electric connection provided and the possession is handed over to all tenants.It is now 2011 coming to an end the land owner and the developer is still not forming the society and the division of the land as agreed in the agreement that the developer will sub divided the plot form a society and give conveyance to the society with the consent of the land lord. This agreement is registered and stamp duty paid in-spite of it he is not ready to honor it. Now both of them have gone back on their words and the land owner has made an agreement with another builder for the other plot where a tenanted building is there and along with it he has also sold the rights for TDR of our building which is redeveloped and possession given.

What laws are involved in this case any limitation act is applicable, and what are the action/remedies under different laws available to us. We cannot form a society on our own as we are only 6/7 old tenants and 3/4 have consented for not forming the society.

pl advice


Asked on 9/17/11, 6:00 pm

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

MOFA and related laws will be applicable. It is statutory obligation of the promoter and/or builder to form and register appropriate common body of all purchasers of flats/units and convey the title.

Consider approaching court with appropriate suit and prayers.

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Answered on 9/17/11, 9:34 pm


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