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Living in a flat for 30 years owner not allowing to do construction


13-Dec-2023 (In Property Law)

i have an 1BHK flat in an apartment. it consists of six 2BHK and two 1BHK flats in various sqft at rangarajapuram 3rd street, chennai. after 30 years we are planning for new construction. in the documents we have equal uds sharing and equal enjoyment as 1/8 equal share. that is 3784 / 8 = 473. but other 6 2BHK owners are not accept to give us equal share in construction. they said you have to build 1BHK house only. please can anyone tell me what shall i do? can i build 2BHK? 

Answers (1)

Answer #1
624 votes
Though all properties can be redeveloped, the incentive limit against the floor space index (FSI) varies across cities and locations. Developers offer incentives to occupants in the form of added facilities, extra flat area, compensation, etc.
Redevelopment can take place only if 75 per cent of the flat owners in a society agree to it. Redevelopment is feasible in case a society is in dire need of repairs but doesn't have enough funds for it. The society would also need an advocate to draft the agreement carefully. Since the occupants are betting their asset (the current structure would be demolished), it is important the builder compensates them well, abides by the law, and fulfils the demands stated in the agreement. Therefore, the agreement should be comprehensive to ensure the occupants don't suffer financial losses in case the builder fails to complete the project. Include all the facilities and amenities the developer has promised to society members. The carpet or useable area the developer has agreed to provide after the redevelopment should be clearly mentioned in the agreement. Society members should agree to vacate their homes only after the builder has secured the necessary legal approvals and permits to redevelop that space. It is important that the rights of an original occupant remain unchanged after the new building comes up.

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