I stay in a brand new flat in a redeveloped co-operative housing society (CHS) in Mumbai. The settlement says that the membership of recent flat house owners can be organized by the developer. My good friend who’s an skilled in society issues says that the builder has no jurisdiction on the membership course of. The clause would have been put as a common clause which is to be ignored. Since there’s an current CHS, it’s the duty of the society to offer membership or share certificates. Can you please share your opinion?
—Deepak Iyer
For the saleable part of a redeveloped society, there’s a privity of contract between the developer and the flat purchaser, which is recorded beneath the flat buy settlement. Generally, the society and the developer have agreed that the purchaser of the flats of the saleable part of the developer’s space shall turn out to be members of the society. The society empowers the developer to take charges for society membership, subsequently this association between the 2 is mirrored within the improvement settlement.
I stay in a chawl in Mumbai. After my father handed away, the tenancy rights had been allotted to me. I pay my lease usually to the proprietor. I’m considering of promoting the home within the chawl. I need to understand how a lot I’ve to pay as part of the share to the owner.
—Name withheld on request
The Maharashtra Rent Control Act entitles the tenant to obtain consideration as a situation of the relinquishment, switch or task of tenancy of his tenanted premises, supplied there isn’t a prohibition imposed by the owner.
The Act additionally entitles the owner to obtain any superb, premium or different like sum or deposit or any consideration in respect of the grant, or for giving his consent to the switch of a tenancy to another individual.
Aradhana Bhansali is accomplice, Rajani Associates.
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