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REDEVELOPMENT

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(EAST), Mumbai 400 101 Presented By : PRAMOD KUMAR VACHHETA Advocate High Court, Mumbai Mobile No. 9224768008 Tel Nos : 022-28861466/99 ... – PowerPoint PPT presentation

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Title: REDEVELOPMENT


1
REDEVELOPMENT
2
MAHARASHTRA SOCIETIES WELFARE ASSOCIATIONWEL-
COMES YOU
  • Request You to Switch Off or
  • Keep your Mobile on Silent Mode

3
2. DOCUMENTS FOR REDEVELOPEMENT
  • TENDER
  • LETTER OF INTEREST
  • APPOINTMENT LETTER
  • MEMORANDUM OF
  • UNDERSTANDING (MOU)

4
2. DOCUMENTS FOR REDEVELOPEMENT
  • AGREEMENT (DEVELOPMENT)
  • POWER OF ATTORNEY
  • CONSENT LETTER
  • PERMANENT ALTERNATIVE ACCOMODATION AGREEMENT

5
3. DOCUMENT FOR REDEVELOPMENT
  • Agreement for temporary Accommodation(LL)
  • Bank Guarantee
  • Agreement for Permanent Alternative Accommodation
    (APAA)
  • Possession Letter in favour of Society and
    Developers

6
3. DOCUMENT FOR REDEVELOPMENT
  • Construction Completion Certificate for
    Members/society Building (O.C)
  • Revocation of Bank Guarantee
  • Termination of Development Rights,
  • Re- conveyance in favour of Owner Society.

7
4. TENDER
  • Architect/PMC has to prepare the Draft TENDER
    Document
  • Obtain the General Body Approval
  • Passed the appropriate Resolution
  • Fixed the date, time, tender money, Security
  • Must carry the IMP details of Feasibility Report

8
4. TENDER
  • Fixed benefit in terms of Aare and/or Corpus
    Fund
  • Bank Guarantee as per Expected project cost
  • Benefit/s, Mention the out put of the Property of
    society Land

9
5. LETTER OF INTEND
  • The Individual and Business details of the
    interested Builder/Developer
  • The financial Credibility
  • The Last TEN/Fifteen year performance in the
    construction Business
  • Redevelop project completed, New Building
    Construction Completed

10
5. LETTER OF INTEND
  • Number of Professional, employees associated with
    him in the RD
  • Details of cases pending in courts
  • Number of Cheque/s Dishonored during the process
    of RD
  • Certificate form Society on completion of RD
  • Contact Number, Name, Address of References

11
6. APPOINTMENT LETTER
  • Compare the offer/s received from various
    interested Builder/Developers
  • Comparative Chart from received offer/s of at
    list five Builder /Developers
  • SGM with Video Recording to finalize Best Offer
  • Appointment of Builder/Developer

12
6. APPOINTMENT LETTER
  • Invite Officer of Deputy Registrar, officer of
    Interested Builder/Developers.
  • Letter to Builder on confirmation
  • Appointment Letter

13
7. MEMORANDUM OF UNDERSTANDING
  • Two / Tri-party Agreement with Society, Members
    and Developer.
  • Execute on Stamp paper of Rs. 100/-
  • Registered under the IRAct,1908
  • The Terms and condition with prior approval of GB
  • Tenor of MOU,

14
7. MEMORANDUM OF UNDERSTANDING
  • Fixed and Cash Benefit as per tender document
  • Proposed Building Plan
  • Bank Guarantee Not less than 5 BG
  • BG without NOC of Society can not be Invoke
  • Duration for Execution of Development Agreement

15
7. MEMORANDUM OF UNDERSTANDING
  • Period to obtain the statutory permission, IOD,
    other permission
  • Plan to be put up with the approval of GB
  • Verify the Submitted plain from PMC/Architect
  • No change, amendment in approved plan without
    prior consent of society GB

16
7. MEMORANDUM OF UNDERSTANDING
  • Restrict from transfer of redevelopment project
  • Dispute, difference to be settled by Arbitrator
    clause
  • Jurisdiction-Mumbai,

17
8. DEVELOPMENT AGREEMENT
  • Two / Tri-party Agreement with Society, Members
    and Developer.
  • Pay 5 Stamp duty as per Adjudication by Coll.
    Of Stamp under the Bombay Stamp Act 1958.
  • Registered u/s. 17 of the IRAct,1908
  • Recital must carry the complete information of
    the owner and the land descriptions.

18
8. DEVELOPMENT AGREEMENT
  • Details of the property conveyance in favour of
    society,
  • Govt. Records in favour of society
  • The details of basic work done prior to
    finalizing the developer,
  • Details of Resolution/s Passed in the AGM,SGM ,
    in which various RD is taken as one of the Agenda.

19
8. DEVELOPMENT AGREEMENT
  • The Terms and condition with prior approval of GB
  • Details of executed MOU.,
  • Time to time Letter, Document Submitted at Dy.
    Registrar office

20
9. DEVELOPMENT AGREEMENT
  • Fixed and Cash Benefit as per tendor Document and
    MOU
  • Proposed Building Plan
  • Bank Guarantee
  • Income Tax and other tax on corpus/ other
    benefit.
  • Duration to obtain the statutory permission,
    IOD, other permission

21
9. DEVELOPMENT AGREEMENT
  • Restrict from transfer of redevelopment project
  • Dispute, difference to be settled by Arbitrator
    clause
  • Jurisdiction-Mumbai,
  • Plan to be put up with the approval of GB
  • Verify the Submitted plain from PMC/Architect
  • Restrictions clause amendment in approved plan

22
9. DEVELOPMENT AGREEMENT
  • without prior consent of society GB.
  • Jurisdiction, Dispute, Possession from member
  • Begin the Redevelopment on Last person vacating
    the premises
  • Rent for delay period,

23
9. DEVELOPMENT AGREEMENT
  • Penalty Clauses for any violation of terms and
    conditions of RD agreement Reduction in area,
    quality of construction, and amenities etc.,

24
10. DEVELOPMENT AGREEMENT
  • Any dispute between the society and member should
    be protected
  • 100 vacant possession to be handed over on
    obtaining IOD
  • TDR,FSI benefit and future FSI,TDR shall be
    restricted

25
10. DEVELOPMENT AGREEMENT
  • Date of Completion of project i.e 24 month,
    maximum 36 month
  • Penalty clause due to Delay in RD project other
    than natural Calamities
  • Penalty must be on per day delay other than Bank
    Guarantee
  • DA must mentioned the professionals viz.

26
10. DEVELOPMENT AGREEMENT
  • Advocate/ Solicitor, Architect, PMC information
    and their fees payable by.
  • Retain Bank Guarantee till the O.C
  • Retain BG first monsoon of society building
  • Termination of DA
  • Conveyance in favour of RD

27
11. BANK Guarantee
  • Nationalized Bank
  • Not Less then 20 of Cost of Construction
  • Not Less than Five BG
  • Any defect in constructed Bldg
  • Fixed Time Limit to Complete Construction/RD
  • Invoke as per stage
  • Retain last BG upto OC and 1st Monsoon

28
Stamp duty payable on documents of Redevelopment
Development Agreement _at_ 5 Power of
Attorney Rs.100/- M.O.U Rs.100/- Consent
Rs.100/- Withdrawal of Consent Rs.
100/- Alternative Accommodation_at_5 for
additional and extra area and const cost for old
area.
29
PRAMOD KUMAR ASSOCIATIONA/28, 2ND FLOOR,
DATTANI CENTRE, ABOVE SANDEEP HOTELOPP.
KANDIVALI RLY STAN. (EAST), Mumbai 400 101
Presented By PRAMOD KUMAR VACHHETA
Advocate High Court, Mumbai Mobile No.
9224768008Tel Nos 022-28861466/99
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