Legal Question in Real Estate Law in India

Question for Mr.Jayant Desai

Thanks you Sir for your reply

Few questions - who is paying maintenance bills of Society? Has no body claimed the flat after the original owner went 'missing'?

In response to the above question

Ans: The deemed tenant is paying the maintenance bills to the society and the landlords rent to the Court.No body has come forward to claim the property in the last 10 years.

Some legal experts say that the Corpus fund should remain with the society.Pl clarify.On more question ie:-Should the society enter into tripartite agreement with the tenant, builder for vacation of premises for redevelopment


Asked on 5/03/13, 11:04 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.05.2013

Dear Sir / Madam,

The tripartite agreement is between the Society, the Developer and the original member. The Society does not have the right to enter into any agreement with the licensee of the flat. If all the remaining members have agreed to redevelopment, the Corpus Fund and all other dues of the member who has leased the flat to the lessee will remain with the Society.

Regards,

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Answered on 5/04/13, 5:21 am
Jayesh Desai Jayesh Desai

Corpus fund cannot be given to Tenant, as he is not entitled to it, only the flat owner is entitled to it. The tenant can be given the difference in rent, or full rent, if he continues to deposit his old rent with the court, during the period of relocation.

Take out an application before the rent court and take its approval for the arrangement, then the tenant can sign the agreement, and it would give safety to Society, Tenant and the Builder also.

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Answered on 5/22/13, 11:12 pm


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