You have to check the lease document, whether any such conditions are mentioned requiring consent of the owner in case of the redevelopment. sometimes the lease is executed in favour of the society for 99 or 999 years with complete right of the redevelopment.
For Regular Development Earlier it was Base Fsi 1.00 + Optional Addl FSI 0.5 + TDR. = Max 2.00 + Fungible 35 % =. 1+1+0.7 = 2.70 FSI (Subjec to Reservations). But as per TDR road width policy the Fsi is Base Fsi 1.00 + Addl FSI 0.5 + TDR as per Road Width (0.5(9-12.2 mtrs road)/0.7(12.2 to 18.30 m road)/ 0.9 (18,30 to 30m road) / 1.00 (more than 30m road) = Max 2.00/2.2/2.4/2.5 + Road Setback a...
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You would have to file a suit against the land owner and also join the society as a party to such suit and seek reliefs on the basis of your title to the land in question. In such suit, you can also ask for reliefs relating to possession of the land etc.
If the Villa forms part of the land Owner's share, then a Tri-partite agreement bettween the land Owner, the Builder and yourself can be executed, where the builder confirms tha the Villa forms part of the land owners share and further, the land owner agrees to sell the same to you. If the tile of the land Owner is clear and the JDA is properly executed and registered, then the risk would only ...
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