Redevelopment of chawl
1 week ago
We room owner of chawl in malad mumbai want to know if we want to take initiative to redevelopment of chawl then under which law and section we can initiate the matter. The chawl as per Property Record of maharahstra in name of land lady and she is expired years back, it is not known whether her legal heir have succession or not. That is Propety is not mutated till date as per the record of Mumbai Subarban Collecter record. The chawl is build in year 1959.
A.Dear Client,
Until and unless the question of the present legal owner of Chwal is resolved following the law of succession nobody is allowed to enter into a redevelopment agreement with a Builder. As per the Hindu Succession Act, 1956, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to Agnates i.e. distant relatives of male lineage. In the absence of Agnates, the estate is passed to Cognates i.e, distant blood relatives of male and female lineage. In the event the deceased does not have any relatives mentioned above, then the property is vested in the State government. So, if the proposal for redevelopment is made before the MHADA, it may ask for a succession certificate issued by a competent Court in respect of ownership of Chwal and satisfied with the present status of ownership of the Chwal and other statutory requirements, the authority may approve its redevelopment. So, you need to visit the office of the MHADA for more clarification on the subject and get in touch with a local Advocate/ Real estate expert who is well aware of the procedure of redevelopment of the Chwal.
Until and unless the question of the present legal owner of Chwal is resolved following the law of succession nobody is allowed to enter into a redevelopment agreement with a Builder. As per the Hindu Succession Act, 1956, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to Agnates i.e. distant relatives of male lineage. In the absence of Agnates, the estate is passed to Cognates i.e, distant blood relatives of male and female lineage. In the event the deceased does not have any relatives mentioned above, then the property is vested in the State government. So, if the proposal for redevelopment is made before the MHADA, it may ask for a succession certificate issued by a competent Court in respect of ownership of Chwal and satisfied with the present status of ownership of the Chwal and other statutory requirements, the authority may approve its redevelopment. So, you need to visit the office of the MHADA for more clarification on the subject and get in touch with a local Advocate/ Real estate expert who is well aware of the procedure of redevelopment of the Chwal.
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A.Dear Client,
The Maharashtra Housing and Area Development Authority (MHADA) is the nodal agency responsible for the redevelopment of Chawls in Mumbai. The Development Control Regulations (DCR) govern the process of urban development. Usually, the residents in the chawl can form a society and undertake the redevelopment of chawl with the approval of the Landlord/Owner. Further, the society needs to approach a builder and negotiate terms with him for the redevelopment of the project. In the present scenario, in the absence of Landlord, you cannot independently initiate the process for redevelopment.You can reach out to the MHADA for approval and further recourse. The authority needs to approve the area of land for redevelopment. If required, you can consult an advocate for assistance.
Hope it helps.
Thank you.
The Maharashtra Housing and Area Development Authority (MHADA) is the nodal agency responsible for the redevelopment of Chawls in Mumbai. The Development Control Regulations (DCR) govern the process of urban development. Usually, the residents in the chawl can form a society and undertake the redevelopment of chawl with the approval of the Landlord/Owner. Further, the society needs to approach a builder and negotiate terms with him for the redevelopment of the project. In the present scenario, in the absence of Landlord, you cannot independently initiate the process for redevelopment.You can reach out to the MHADA for approval and further recourse. The authority needs to approve the area of land for redevelopment. If required, you can consult an advocate for assistance.
Hope it helps.
Thank you.
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A.Dear sir,
You may contact local lawyer exclusively practicing in real estate and thus get effective legal advise on the above subject matter.
You may contact local lawyer exclusively practicing in real estate and thus get effective legal advise on the above subject matter.
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