02 — The agreement decides the next ten years

Redevelopment & Development Issues

Legal counsel to societies through redevelopment — developer selection, the development agreement, permanent alternate accommodation, and the disputes that follow when a project stalls.

New residential towers rising above older low-rise housing in Mumbai

Heard before

  • Deputy Registrar of Co-operative Societies
  • MahaRERA
  • City Civil Court, Mumbai
  • Bombay High Court

The law that applies

  • Directions under Section 79A, Maharashtra Co-operative Societies Act, 1960
  • Real Estate (Regulation and Development) Act, 2016
  • Maharashtra Ownership Flats Act, 1963
  • Development Control & Promotion Regulations for Greater Mumbai, 2034

Redevelopment is the largest transaction most Mumbai families will ever sign, and it is signed collectively — by a society general body that may have met three times in a decade. The development agreement it signs decides who carries the risk for the next eight to ten years.

We act for the society, never for the developer, on the same project.

Where agreements usually go wrong

Not on the carpet area. On what happens if the developer is late: whether rent keeps flowing, whether a bank guarantee can actually be invoked, and whether the society can terminate and bring in someone else without starting from zero. We draft for that day, because it is the day the agreement is read.

Process matters as much as price

The directions issued under Section 79A of the Act set out how a society must decide on redevelopment — notices, meetings, approvals and the Registrar’s role. A decision taken outside that process is the easiest thing for a dissenting member to challenge. We sit with the committee through it.

How a redevelopment matter usually moves

  1. 01

    Title and feasibility

    We confirm the society owns what it is offering — conveyance, property card, any reservations — before a developer is invited.

  2. 02

    Process under Section 79A

    The general body meetings, notices and approvals the directions require, minuted so that a dissenting member cannot unwind them later.

  3. 03

    Agreement and security

    Carpet area, rent, corpus, timelines and bank guarantees negotiated into the development agreement, then mirrored in each member's PAAC.

  4. 04

    Through construction

    Registration of the agreements, and enforcement when rent stops or the project stalls — through notice, RERA or the courts.

Every matter is different; this is the usual path, not a promise of one.

Matters in this area

See them in the full index
  • AdvisoryDeveloper selection & tenderTender documents, comparison of offers and the general body process under the Section 79A directions.
  • DraftingDevelopment agreement & POAThe agreement between society and developer — carpet area, rent, corpus, timelines, bank guarantees, termination.
  • DraftingPermanent alternate accommodation agreementsEach member's PAAC, mirroring the development agreement, stamped and registered.
  • RepresentationStalled redevelopmentRent defaults, abandoned sites and termination of a developer — through notice, RERA or the civil court.

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Advocates in this area

  • Adv. Rohan DeshmaneFounding Partner

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