What are the basic documents required for feasibility report?
The basic documents required are:
Copy of Old Sanctioned Plan
Carpet Area Statement of existing members
What if we do not have a property card?
If the conveyance document for the Society/Apartment has been executed by the former Developer, then you can apply for the property card with the Society/Apartment name on it at the City Survey Office at Shukrawar Peth, Pune. The Government office will follow the required procedure and if all documents are in order you can obtain the Certificate within a period of 45 days. If the conveyance has not been executed the same will have to be obtained/executed by the former Developer and then the application for the revised Property card can be done.
What if we do not have a sanctioned plan or have misplaced it?
A copy can be obtained by applying with the Pune Municipal Corporation from their old records.
What if there is a difference between area as per official Govt. demarcation and the area on the property card?
The lesser of the two areas will be considered by the Municipal Corporation while granting FSI and TDR for the new project.
Our building is in A Zone/Gaothan/Congested Area, what does that mean?
A Zone area means Congested Area/Gaothan e.g. Sadashiv Peth, Narayan Peth or certain other areas. TDR is not permissible to be used in this zone but Redevelopment is possible only if there is sufficient balance FSI.
What if our previous building is not in urban limits/city limits, is redevelopment possible?
Yes, but as TDR is not permitted, financial viability is suspect.
What if at all our old flat agreement is lost/misplaced?
A copy of flat agreement can be obtained from the concerned Sub-registrar office in Pune.
What if we have an apartment and till date we haven't conducted a single meeting?
It is better to have occasional meetings to discuss different agendas. If you haven’t, you can start now. As it is redevelopment discussions would warrant meetings between members.
What if the flat owner dies and if the flat is not transferred on the name of his heir, what should be the procedure?
Usually after consulting the legal advisor of the Society, the required legal procedure is followed and the share certificates are issued in the name of the nominee. Thereafter the necessary changes can be made to the Development agreement to accommodate the name of the nominee. In the case of an Apartment, the ownership of the flat has to be obtained in the name of the heir/nominee by executing documents specified by the legal advisor.
What if the Share certificate is misplaced or not found?
You need to prepare an affidavit and submit it to the Society which in turn will follow the procedure recommended by its legal advisor and issue a duplicate share certificate.
In case if we are conducting a commercial activity in a residential flat, can we continue the same usage in the new premises?
Few activities are permitted to be carried out in residential premises. If the current business falls within those parameters you surely can continue. Or else even now it is at the risk of the user so it would be even later.
What if few of our members have any loan/mortgage on their flats?
Either they would have to return the existing loan and take a fresh housing loan from any Bank or can take No Objection Certificate from the current Bank before execution of the Development Agreement.
What if we have already spent on our new furniture/interiors of flat?
If any compensation is financially feasible, the Developer could do that or else it would have to be dismantled and used in the new flat.
What if one of our members is a defaulter for society dues and if we have court matter for it?
If the defaulting member is willing to be a part of the redevelopment process and is willing to sign the redevelopment agreement and other relevant documents, the court matter can go on separately. Ideally however it would be good if the matter is settled either amicably or by the court at the earliest.
What if we have the consent from majority members for redevelopment, but some members are not willing to go for it?
Though in this case the law states that the unwilling members cannot stop the redevelopment process, fighting in the court and obtaining a suitable judgement is time consuming and will delay the redevelopment by quite some time.