SOCIETY REDEVELOPMENT COMPLETE LEGAL DOCUMENTATION PACKAGE
SOCIETY REDEVELOPMENT
COMPLETE LEGAL DOCUMENTATION PACKAGE
Prepared for
VASTU KRUPA BUILDCON PRIVATE LIMITED
Maharashtra, India | English Edition | Version: 12 November 2026
|
IMPORTANT LEGAL NOTICE |
Company details used in this pack: Vastu Krupa Buildcon Private Limited. Registered office, CIN, PAN, GSTIN, directors, authorised signatory and contact details must be inserted from current corporate records. No unverified company particulars have been assumed.
Document status: Master template for internal use. Use a separate project file and execution set for each society.
DOCUMENT CONTROL & HOW TO USE THIS PACK
|
Field |
Entry |
|
Company |
Vastu Krupa Buildcon Private Limited |
|
Project / Society |
[INSERT REGISTERED NAME OF SOCIETY] |
|
Property address |
[INSERT FULL ADDRESS] |
|
CTS / Survey / Gat No. |
[INSERT DETAILS] |
|
Planning authority |
[MCGM / MHADA / SRA / CIDCO / MMRDA / OTHER] |
|
Land tenure |
[FREEHOLD / LEASEHOLD / GOVERNMENT / OTHER] |
|
Pack owner |
[NAME / DESIGNATION] |
|
Version / date |
Version 1.0 / 12 November 2026 |
|
External legal counsel |
[ADVOCATE NAME / ENROLMENT NO. / CONTACT] |
Use protocol
1. Create a separate digital and physical file for each society. Preserve originals only against a signed receipt; work from certified copies wherever possible.
2. Use the checklists in Sections 2–5 before submitting any binding commercial offer.
3. Do not treat a society resolution, consent letter, letter of intent or tender selection as a substitute for a registered Development Agreement and individual PAAAs.
4. Have the project advocate prepare the final DA, PAAA, POA, indemnities and registration set. This pack supplies issue lists and model drafting language, not final conveyancing.
5. Record every assumption, qualification, missing document, title defect, litigation, authority condition and commercial dependency in writing.
6. Do not take vacant possession or commence demolition until the conditions precedent, statutory approvals, member documentation, transit arrangements, insurance and required security are satisfied.
CONTENTS
· 1. Legal framework and project-specific applicability
· 2. Society document requisition checklist
· 3. Land title and property due-diligence checklist
· 4. Society governance and 2026 Section 79A process-control checklist
· 5. Developer corporate and financial documents
· 6. Legal due-diligence report format
· 7. Society meeting / tender / developer-selection record formats
· 8. Developer proposal and commercial term sheet
· 9. Development Agreement – clause-by-clause drafting schedule
· 10. Permanent Alternate Accommodation Agreement – member schedule
· 11. Limited Power of Attorney – scope and safeguards
· 12. Supporting undertakings, indemnities and declarations
· 13. Vacating, possession and handover formats
· 14. Conditions-precedent and closing checklist
· 15. Compliance, construction and handover tracker
· 16. Risk register and red-flag matrix
· 17. Source and verification register
1. LEGAL FRAMEWORK AND APPLICABILITY
The legal route must be identified for the specific society, land tenure, building category and planning authority. Do not assume that the ordinary cooperative housing society redevelopment process applies unchanged to MHADA, cessed, SRA, cluster, leasehold, government-land or other special-category properties.
|
Law / instrument |
Why it may matter |
Project check |
|
Maharashtra Co-operative Societies Act, 1960, including Section 79A |
Society governance and Government directions applicable to cooperative housing society redevelopment. |
Confirm current consolidated Act, amendments, rules and applicability. |
|
Maharashtra Government Order dated 30 September 2026, No. SGRYO-2026/C.R.108/14-S, issued under Section 79A |
Reported revised framework for cooperative housing society redevelopment, superseding the 4 July 2019 GR and covered circulars. |
Obtain digitally signed official Marathi order and any official English version; verify every clause and transition provision. |
|
Maharashtra Co-operative Societies Rules, 1961 and registered society bye-laws |
Membership, committee, meeting, notice, quorum, records and governance. |
Check latest amendments and the society's registered bye-laws. |
|
Real Estate (Regulation and Development) Act, 2016 and Maharashtra Rules/Regulations |
Registration, disclosures, promoter obligations, carpet area, allottee rights and project compliance where applicable. |
Obtain a written MahaRERA applicability opinion; do not assume an exemption. |
|
Maharashtra Ownership Flats Act, 1963 (MOFA) |
May be relevant to promoter obligations, agreements and conveyance depending on facts and transitional issues. |
Review original promoter agreements and conveyance history. |
|
Registration Act, 1908 and Maharashtra Stamp Act, 1958 |
Registration and stamp duty for DA, PAAA, POA and related instruments. |
Obtain project-specific stamp classification/adjudication and registration advice. |
|
Applicable Development Control Regulations / UDCPR / DCPR 2034 |
Permissible FSI, TDR, premiums, setbacks, reservations, height and planning approvals. |
Identify exact authority and applicable regulation on the plot. |
|
Environment, fire, tree, airport, coastal, heritage and other laws |
Project-specific NOCs and restrictions. |
Screen site and proposed building parameters before committing to area or timelines. |
2026 process note: Secondary professional commentary and reporting identify the 30 September 2026 Section 79A Government Order as the revised statewide cooperative-society redevelopment framework. The exact official order, schedules, amendments, applicability and transitional provisions must be checked against the Government of Maharashtra's signed publication before reliance. Do not rely solely on summaries.
Registrar NOC note: A Maharashtra Cooperation Department circular dated 4 November 2025 states that a Registrar's redevelopment NOC is not a statutory prerequisite under the earlier framework. Verify the circular's continuing status against the 2026 order and project category; do not confuse an NOC with other statutory permissions.
Special-category warning: MHADA, SRA, cessed buildings, cluster redevelopment, leasehold plots, government grants, cantonment, CIDCO, MIDC, port/railway/defence land, CRZ and heritage properties may require separate statutes, policies, consents and authority approvals.
2. SOCIETY DOCUMENT REQUISITION CHECKLIST
Issue this requisition through the society's authorised representatives. Mark each item Received / Not Available / Not Applicable / To Be Verified and record the source and date.
|
Category |
Documents / information to obtain |
|
Society constitution |
Registration certificate; registered bye-laws and amendments; society PAN; registered address; registration number and jurisdiction. |
|
Governance |
Current elected managing committee list; election records; committee term; administrator/delegated authority status; committee resolutions authorising the process. |
|
Membership |
Updated I-Register/member register; member list with flat number, share certificate, area, joint holders, nominees, legal representatives and contact details; share certificate copies. |
|
Flat rights |
Registered agreements for sale / allotment letters / transfer deeds for every unit; Index II; stamp and registration proof; transfer approvals; inheritance/probate/succession documents where relevant. |
|
Meetings |
All redevelopment SGM/AGM/committee notices, agendas, dispatch proofs, attendance sheets, minutes, resolutions, voting records, written consents, objections and video recordings. |
|
PMC / architect |
Appointment letter, eligibility and registration details, conflict declarations, scope, fee approval, feasibility report, project report, tender and comparative statement. |
|
Tender |
Tender notice, tender document, bidder list, bid submissions, clarifications, presentations, comparative chart, negotiation minutes and selection resolution. |
|
Finance |
Audited accounts for at least the last 3 financial years; bank statements; fixed deposits; loans; lender NOCs; unpaid dues; litigation provisions; tax returns where relevant. |
|
Property / operations |
Property tax bills and receipts; water/electricity bills; insurance; maintenance contracts; structural audit; repair records; fire records; notices from authorities. |
|
Disputes |
All pending/threatened litigation, arbitration, consumer complaints, cooperative court proceedings, police complaints, attachment orders and legal notices. |
|
Existing contracts |
Prior development agreements, redevelopment MOUs, letters of intent, POAs, contractor agreements, lender security, lease documents and termination/cancellation records. |
|
Occupancy |
List of occupants, tenants, licensees, commercial users, encroachments, unauthorised alterations, deceased members, disputed units and non-member occupants. |
3. LAND TITLE & PROPERTY DUE-DILIGENCE CHECKLIST
|
Due-diligence head |
Required checks / records |
|
Title chain |
Mother deed/root of title; conveyances; sale deeds; grants; allotment letters; transfers; partition/release/gift/inheritance documents; certified copies and Index II. |
|
Land records |
Property Card; 7/12 extract where applicable; 8A; mutation entries; City Survey records; CTS plan; measurement plan; village map; survey/gat records. |
|
Conveyance |
Registered conveyance deed in society's name; deemed conveyance application/order/certificate and registered instrument; property schedule and plans. |
|
Lease / tenure |
Lease deed, sanad, grant, allotment terms, renewal, transfer premium, re-entry, user restrictions, lessor consent and outstanding rent. |
|
Searches |
Advocate title search for appropriate period (commonly 30 years where records permit); Sub-Registrar search; CERSAI search where relevant; ROC charge search where entity ownership/security is involved; court and tribunal searches. |
|
Encumbrances |
Mortgage, charge, lien, attachment, acquisition notice, easement, right of way, tenancy, licence, restrictive covenant, litigation and third-party rights. |
|
Planning |
DP remarks; zoning; reservation; road widening; setback; CRZ; heritage; airport funnel/height; forest/eco-sensitive; coastal; flood/blue-line; access road and utility reservations. |
|
Approvals |
Sanctioned plans; IOD / development permission; CC; plinth CC; amended approvals; OC / part OC; completion certificate; fire approvals; environment approvals; NOCs. |
|
Physical verification |
Licensed surveyor measurement; boundary and encroachment survey; site possession; access; adjoining claims; actual building footprint compared with records. |
|
Tax / dues |
Property tax; lease rent; non-agricultural assessment where applicable; development charges; water/sewerage; electricity; statutory dues and recovery notices. |
|
Opinion |
Written title certificate / title report; development-rights opinion; defect list; curative action plan; conditions precedent and no-go recommendation if defects cannot be cured. |
3.1 Mandatory outputs from the project advocate
· Title Search and Investigation Report with a clear chain of title and copies/references to searched records.
· Title Certificate / Legal Opinion stating the precise owner, tenure, restrictions, encumbrances and assumptions; avoid an unqualified 'clear title' statement where records are incomplete.
· Development Rights Opinion identifying whether the society can validly grant the proposed rights and which third-party / lessor / lender consents are required.
· Litigation and Encumbrance Report, including pending matters, interim orders, attachments and their effect on development.
· Document Deficiency Schedule with responsible party, cure action and deadline.
· Conditions Precedent Schedule identifying what must be completed before DA registration, member vacating, demolition and commencement.
4. SECTION 79A / SOCIETY PROCESS-CONTROL CHECKLIST
This section is a compliance control sheet, not a substitute for reading the signed 30 September 2026 Government Order. The society, not the developer, controls its statutory decision-making. The developer must not procure, manipulate or backdate member consents, notices, attendance or minutes.
|
Stage |
Evidence to preserve / verify |
Developer safeguard |
|
Eligibility and route |
Written confirmation of society type, building status, competent authority classification and applicable redevelopment route. |
Do not assume ordinary CHS process for MHADA/SRA/cessed/cluster/leasehold. |
|
Valid committee |
Current election/committee records; authority to convene meeting; no expired term/administrator issue. |
Obtain advocate confirmation before accepting a society instruction. |
|
Initial decision |
Notice, agenda, dispatch proof, attendance, quorum calculation, voting and written member approval as prescribed by 2026 order. |
Verify denominator and threshold from official text; preserve original records. |
|
PMC / architect |
Appointment resolution, qualifications, conflict declaration, engagement and scope. |
Require independent feasibility; do not dictate a misleading report. |
|
Project report and tender |
Feasibility, tender terms, member benefit schedule, security, timelines and bid evaluation method. |
Ensure bid conditions are clear and uniformly applied. |
|
Developer selection SGM |
Required notice, authorised officer/observer process where prescribed, attendance/identity checks, voting, video record and signed minutes. |
Do not offer gifts, inducements or side arrangements to influence votes. |
|
Post-meeting filings |
Submission of notice, agenda, consents, minutes, video and other prescribed records within the official period. |
Obtain proof of filing and keep a complete copy. |
|
DA execution |
Approved final terms, authority to sign, registration, required timelines and stamp duty. |
Do not rely on a non-binding LOI as Development Rights. |
|
PAAA execution |
Member-wise agreement, area and benefit schedule, registration within prescribed period. |
Reconcile every PAAA against the DA and approved member matrix. |
|
Non-compliance risk |
Legal review of consequences for committee/office-bearers and effect on developer selection. |
Suspend closing if process is challenged or material irregularity is found. |
Important verification point: Public summaries of the 2026 order report a two-thirds quorum and a 51% minimum approval requirement for specified decisions, three competitive tenders, video recording and specified post-meeting filings. Thresholds, denominator, rounding, meeting stage and timelines can differ by clause. The project advocate must transcribe the exact requirements from the official order into a project-specific compliance chart; do not apply one percentage mechanically to every vote.
5. DEVELOPER CORPORATE & FINANCIAL DOCUMENTS
|
Document |
Purpose / action |
|
Certificate of Incorporation; CIN; MCA master data |
Verify company identity and active status. |
|
MOA and AOA |
Confirm objects and authority to undertake real estate/development activities. |
|
PAN; GST registration; registered office proof |
Tax and identity records. |
|
Board resolution |
Approve bid, project participation, authorised signatory, negotiation and execution authority, subject to final terms. |
|
Director KYC and beneficial ownership information |
Due diligence and counterparty disclosure. |
|
Audited financial statements and ITRs |
Demonstrate financial capacity and compliance. |
|
CA net-worth certificate and solvency evidence |
Provide tender-specific proof; avoid overstating liquidity. |
|
Bank statements / sanctioned funding / investor commitment |
Evidence project funding plan and conditions. |
|
Project track record and completion certificates |
Substantiate experience; do not claim projects not completed by the company. |
|
Litigation and insolvency declaration |
Disclose material cases, defaults, insolvency proceedings and disqualifications. |
|
GST, labour and statutory compliance records |
Confirm applicable registrations and compliance status. |
|
Insurance and contractor details |
Evidence construction risk allocation and capability. |
5.1 Model Board Resolution – project participation
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF VASTU KRUPA BUILDCON PRIVATE LIMITED HELD ON [DATE] AT [TIME] AT [REGISTERED OFFICE / MODE].
“RESOLVED THAT the Company be and is hereby authorised to evaluate and, if considered commercially and legally suitable, submit a bid / redevelopment proposal in respect of [FULL NAME OF SOCIETY], situated at [PROPERTY ADDRESS], bearing [CTS / SURVEY DETAILS] (the “Project”), subject to satisfactory legal, technical, financial and regulatory due diligence.
RESOLVED FURTHER THAT [NAME, DESIGNATION] be and is hereby authorised, for and on behalf of the Company, to obtain project records, sign confidentiality undertakings, submit non-binding expressions of interest and tender documents, attend meetings, provide clarifications and negotiate proposed commercial terms, provided that no Development Agreement, guarantee, security, borrowing, mortgage or binding financial commitment shall be executed unless separately approved by the Board in accordance with law and the Company's constitutional documents.
RESOLVED FURTHER THAT the authorised person shall ensure that all representations are accurate, all conflicts are disclosed, and no inducement or improper payment is offered in connection with the Project.”
Certified true copy. For Vastu Krupa
Buildcon Private Limited
Name: [ ] Designation: [ ] DIN (if director): [ ] Date: [ ]
Company Seal (if used): [ ]
6. LEGAL DUE-DILIGENCE REPORT – FORMAT
|
Report item |
Required content |
|
A. Instructions |
Client, instructing person, scope, date, property and documents received. |
|
B. Property identity |
Full address, CTS/survey/gat numbers, plot area, boundaries, authority and tenure. |
|
C. Root and chain of title |
Chronological chain, instruments, registration details, gaps and assumptions. |
|
D. Current owner / society rights |
Owner, conveyance status, deemed conveyance, leasehold/lessor position and society's capacity. |
|
E. Land records reconciliation |
Property Card/7-12/CTS/measurement versus title deeds and actual site. |
|
F. Encumbrances |
Mortgages, charges, liens, easements, tenancy, attachments, acquisition and restrictions. |
|
G. Litigation |
Forum, case number, parties, reliefs, interim orders, current status and project impact. |
|
H. Society governance |
Registration, committee validity, membership, resolutions, notices, quorum, consents and process compliance. |
|
I. Member rights |
Flat-wise title, area, joint ownership, succession, disputes, occupants and special cases. |
|
J. Planning / approvals |
Existing approvals, FSI potential assumptions, reservations, access, NOCs and authority route. |
|
K. Regulatory applicability |
2026 Section 79A order, MCS Act/Rules, RERA, MOFA, stamp/registration and special laws. |
|
L. Risk grading |
Critical / High / Medium / Low, with reason and mitigation. |
|
M. Conditions precedent |
Cure items before bid, DA, PAAA, vacating, demolition and construction. |
|
N. Conclusion |
Proceed / Proceed subject to conditions / Hold / Do not proceed; limitations and qualifications. |
|
O. Annexures |
Document index, search receipts, certified copies, plans, court search results and correspondence. |
Suggested conclusion language: “This report is based solely on the documents and searches listed in the annexures, as of [date]. It is not a guarantee against undisclosed claims, fraud, unindexed instruments, future claims or changes in law. The recommendation is conditional upon satisfaction of the conditions precedent set out in this report.”
7. SOCIETY PROCESS / TENDER RECORD FORMATS
7.1 Document receipt and confidentiality undertaking
To: The Managing Committee, [Society Name],
[Address]
Subject: Confidentiality undertaking for review of proposed redevelopment
Vastu Krupa Buildcon Private Limited (“Recipient”) acknowledges that documents and information supplied by [Society Name] (“Disclosing Party”) are confidential and shall be used solely to evaluate the proposed redevelopment of [Property]. The Recipient shall restrict access to its directors, employees, advocates, architects, engineers, financiers and professional advisers who need the information and are bound by confidentiality obligations.
The Recipient shall not publish, circulate or use member personal data for marketing; shall take reasonable security measures; shall promptly notify the Disclosing Party of a known unauthorised disclosure; and shall return or securely destroy documents on written request, subject to legal retention obligations. Confidentiality does not apply to information already public, lawfully known, independently developed or required to be disclosed by law. This undertaking does not create development rights, exclusivity, an agency, partnership or obligation to proceed.
For Recipient: Vastu Krupa Buildcon Private
Limited
Authorised signatory: [ ] Date: [ ]
Acknowledged by Society (optional): [ ]
7.2 Developer bid submission checklist
· Signed covering letter and tender fee / EMD evidence, if prescribed.
· Company incorporation, PAN, GST and constitutional documents.
· Board resolution and signatory authority.
· Audited accounts, CA net worth and funding evidence.
· Track record with documentary proof.
· Technical team and proposed contractors / consultants.
· Preliminary concept and feasibility assumptions, clearly marked subject to authority approval.
· Member benefit offer with area, corpus, rent, shifting, parking and amenities in separate schedules.
· Construction specifications and quality standards.
· Proposed completion milestones and extension events.
· Bank guarantee / security proposal and validity.
· Litigation, conflict, related-party and debarment disclosures.
· Deviations / qualifications schedule; no hidden side letters.
· Signed declarations and tender validity period.
7.3 Tender clarification and negotiation minute template
|
Field |
Entry |
|
Society |
[ ] |
|
Meeting date / time / venue |
[ ] |
|
Attendees and authority |
[ ] |
|
Tender reference |
[ ] |
|
Question / clause |
[ ] |
|
Developer response |
[ ] |
|
Commercial impact |
[ ] |
|
Society / PMC comment |
[ ] |
|
Agreed clarification (if any) |
[ ] |
|
Open issue / reservation |
[ ] |
|
Signatures |
[ ] |
Record that clarifications are equally circulated to all bidders where required by the tender process. Do not record a negotiated term as final unless approved through the society's prescribed process and incorporated in the executed documents.
8. DEVELOPER PROPOSAL – COMMERCIAL TERM SHEET
This term sheet is indicative and non-binding unless expressly stated otherwise. It is subject to title, planning, technical, financial and legal due diligence; society approvals; tender conditions; statutory permissions; Board approval; and execution/registration of definitive documents.
|
Commercial item |
Proposed term / schedule |
|
Society and property |
[Full legal name, registration no., address, CTS/survey details] |
|
Land tenure and area |
[Freehold / leasehold / other; area; source of measurement] |
|
Existing members / units |
[Verified count; residential / commercial split] |
|
Existing carpet area |
As per verified registered agreements and architect's measurement schedule; discrepancies to be resolved. |
|
Rehabilitation entitlement |
[Member-wise new RERA carpet area; methodology; no blanket percentage without feasibility] |
|
Corpus |
[Amount per member / total; payment trigger; tax treatment subject to advice] |
|
Transit rent |
[Monthly amount; escalation; payment date; duration; security / deposit] |
|
Brokerage and shifting |
[Amount, number of shifts, payment trigger and evidence] |
|
Parking |
[Number/type/allocation method, subject to applicable law and sanctioned plan] |
|
Amenities and specifications |
Annexure [ ]; measurable brands/standards or equivalent, warranties and maintenance. |
|
Project security |
[Bank guarantee amount, issuer, validity, invocation triggers, replenishment] |
|
Construction period |
[Milestone schedule from defined commencement trigger; extension events] |
|
Approvals |
Responsibility matrix for applications, fees, premiums, NOCs and cooperation. |
|
Taxes / statutory charges |
Allocation expressly set out; no assumption that all charges are waived. |
|
Sale component |
Only as permitted by sanctioned plans, development regulations, DA and applicable RERA; no presale before legal prerequisites. |
|
Conditions precedent |
Title, consents, lender/lessor approvals, DA/PAAA, permissions, finance, insurance and vacant possession conditions. |
|
Exclusivity / validity |
[Only if approved and legally enforceable; duration and termination] |
|
Dispute resolution |
Courts / arbitration / cooperative forum allocation after legal review. |
|
Binding provisions |
Confidentiality, costs, governing law, no inducement and dispute clause only if expressly stated binding. |
Feasibility reservation: All area, FSI, TDR, premium, sale inventory, cost, rent and timeline figures are preliminary until validated by the appointed architect, licensed surveyor, project finance adviser and planning authority.
9. DEVELOPMENT AGREEMENT – CLAUSE-BY-CLAUSE DRAFTING SCHEDULE
A Maharashtra advocate should prepare the operative registered Development Agreement. The following is a drafting instruction sheet and minimum clause matrix. Insert the exact 2026 GR-required clauses after checking the official signed text.
|
DA clause |
Drafting instructions / protections |
|
Parties and authority |
Full society name, registration number, registered address, resolutions, authorised signatories; developer CIN, registered office, Board authority and signatory. |
|
Recitals |
Title history, conveyance/lease, existing building, society process, tender and developer selection; identify all assumptions and documents. |
|
Definitions and interpretation |
Carpet area, RERA carpet area, existing premises, rehab premises, sale premises, approvals, commencement date, force majeure and completion. |
|
Property schedule |
CTS/survey/gat numbers, area, boundaries, title documents, plans, tenure and all easements/restrictions. |
|
Conditions precedent |
Clear title/curative actions; society process; lender/lessor consents; approvals; registered DA; PAAA; security; insurance; funding and member arrangements. |
|
Grant of development rights |
Precisely defined rights, scope, term, permitted activities, restrictions, no transfer/assignment without consent, and no rights beyond sanctioned law. |
|
FSI/TDR and area mechanism |
Method for determining permissible FSI/TDR, premiums, fungible area or equivalent concepts under applicable regulations; treatment of future changes and shortfall. |
|
Member rehabilitation |
Member-wise schedule; carpet area; floor/flat allotment method; equivalent location/amenity; parking only as lawfully permissible; no unilateral reduction. |
|
Corpus / rent / shifting |
Amount, payee, tax deduction, payment dates, escalation, deposit, brokerage, shifting, default interest and proof. |
|
Construction obligations |
Plans, specifications, materials, quality, testing, site safety, labour compliance, utilities, access, contractor control and independent inspection. |
|
Time and milestones |
Defined commencement trigger; approval milestones; demolition; plinth; slab; services; OC; handover; extension events and notice requirements. |
|
Security / bank guarantee |
Amount, form, issuing bank, validity, renewal, invocation, reduction milestones, replenishment and release conditions. |
|
Insurance |
Contractors' all-risk, third-party liability, workmen compensation, professional indemnity where appropriate, existing property cover and claims handling. |
|
Approvals and statutory compliance |
Responsibility matrix for IOD/CC/OC, fire, environment, tree, airport, traffic, utility and other NOCs; compliance with authority conditions. |
|
Vacant possession and demolition |
Only after defined conditions; member notices; inventory; possession memo; utility disconnection; hazardous material; demolition permissions and safety. |
|
Sale component and marketing |
Developer's sale rights only as legally permitted; MahaRERA registration where applicable; no misleading representations; no interference with member rights. |
|
Taxes and costs |
Stamp duty, registration fees, GST, TDS, premiums, development charges, property dues and professional fees allocation. |
|
Representations and warranties |
Society title/authority representations limited to knowledge and disclosed records; developer capacity, funds, compliance, no inducement and no insolvency. |
|
Indemnities |
Mutual, scoped indemnities; claim notice, defence, mitigation, exclusions, caps and survival; avoid unlimited ambiguous language. |
|
Default and cure |
Specific defaults, notice, cure periods, suspension rights, security invocation, step-in/termination consequences and protection of members. |
|
Termination |
Objective triggers; consequences; treatment of works, approvals, sale bookings, member rent, security, records, site restoration and transition. |
|
Force majeure / change in law |
Narrow definition; mitigation; notice; time/cost effects; long-stop termination; no blanket relief for funding or contractor failure. |
|
Dispute resolution |
Escalation, mediation/arbitration where legally appropriate; carve-outs for statutory/cooperative/RERA/consumer jurisdiction; seat, venue and language. |
|
Notices and records |
Addresses, email, deemed receipt, electronic records, document access, progress reporting and audit rights. |
|
Assignment / financing |
Restrictions, permitted project finance, lender step-in protections, no encumbrance of society land without lawful authority and consent. |
|
Handover and defect liability |
OC/part OC, keys, plans, warranties, manuals, utility meters, common areas, as-built drawings, defects period and security. |
|
Registration and further assurances |
Stamping, registration, cooperation, supplemental documents, no side letters, entire agreement and amendment formalities. |
|
Schedules |
Property; title documents; member matrix; rehab specifications; amenities; rent/corpus; parking; plans; milestones; security; approvals; disclosures. |
9.1 Essential DA schedules
· Schedule A – Description of land and property with boundaries and CTS / survey identifiers.
· Schedule B – Title documents and encumbrance disclosure.
· Schedule C – Existing members and premises matrix, verified by society and architect.
· Schedule D – Member-wise rehabilitation area and allotment methodology.
· Schedule E – Corpus, transit rent, escalation, deposit, brokerage and shifting payments.
· Schedule F – Technical specifications, amenities and finish schedule.
· Schedule G – Construction milestones and completion programme.
· Schedule H – Bank guarantee / security format and invocation events.
· Schedule I – Responsibility matrix for approvals, charges and applications.
· Schedule J – Conditions precedent and closing deliverables.
· Schedule K – Insurance and contractor compliance.
· Schedule L – Defect liability, warranties and handover documents.
10. PERMANENT ALTERNATE ACCOMMODATION AGREEMENT (PAAA) – MEMBER TEMPLATE
The PAAA is to be individually drafted, stamped and registered for each eligible member in accordance with applicable law and the DA. Do not use one generic area figure for all members.
10.1 Member and premises schedule
|
Particular |
Details to insert |
|
Society |
[Full registered name and registration number] |
|
Developer |
Vastu Krupa Buildcon Private Limited, CIN [ ], registered office [ ] |
|
Member(s) |
[Full legal names, age if required, address, PAN/KYC as legally necessary] |
|
Existing premises |
Flat/shop no. [ ], floor [ ], building [ ], area [ ] |
|
Existing registered agreement |
Date [ ], registration no. [ ], Sub-Registrar [ ], Index II [ ] |
|
Share certificate |
No. [ ], shares [ ], folio [ ] |
|
New premises entitlement |
RERA carpet area [ ] sq. m. / sq. ft. and calculation method [ ] |
|
Proposed new premises |
Building / wing [ ], floor [ ], unit [ ] or transparent allotment mechanism [ ] |
|
Parking |
Only if lawfully permissible and specifically described [ ] |
|
Corpus |
₹[ ], payment trigger and mode [ ] |
|
Transit rent |
₹[ ] per month; escalation [ ]; due date [ ]; duration [ ] |
|
Deposit / brokerage / shifting |
₹[ ] / ₹[ ] / ₹[ ]; payment triggers [ ] |
|
Special rights / claims |
Joint holders, nominee, legal heir, mortgagee, tenant or dispute [ ] |
10.2 Model operative clause prompts
· Developer shall construct and allot the new premises strictly in accordance with the registered DA, sanctioned plans, applicable RERA carpet-area definition and this PAAA.
· The new premises carpet area shall be measured and certified by the project architect; any discrepancy mechanism, tolerance (if legally permissible) and remedy must be expressly stated.
· The Developer shall pay transit rent and other agreed member benefits on the dates and by the payment method set out in the schedule, without requiring repeated demands.
· The member shall hand over vacant possession only after the agreed pre-vacating conditions are satisfied, including execution/registration of this PAAA, commencement of agreed rent and deposit, delivery of agreed security evidence and satisfaction of the DA conditions.
· The Developer shall not materially change the unit, area, access, light/ventilation, floor or specifications except as expressly permitted by law and the agreement, with required written consent and authority approval.
· Possession of the new premises shall be offered only after the required Occupation Certificate / lawful occupation permission for that premises, completion of agreed works, utility readiness and delivery of handover documents.
· Defects, warranties, common-area handover, maintenance corpus and society formation/transfer obligations shall be set out expressly.
· Death, succession, joint ownership, mortgage, transfer and dispute cases shall be handled through verified legal representatives and lender consents, as applicable.
10.3 Member execution checklist
· Verify identity and legal capacity of all registered owners / joint holders.
· Check registered agreement, Index II, share certificate and society register consistency.
· Resolve deceased member, succession, probate, nomination and transfer issues before execution where material.
· Obtain mortgagee/lender consent and release/continuation arrangements where the flat is charged.
· Reconcile old and new carpet area and every monetary benefit with the DA schedule.
· Confirm correct stamp duty, registration, witnesses, biometric/identity process and delivery of registered copy.
· Provide the member with a signed payment schedule and escalation/contact process.
11. LIMITED POWER OF ATTORNEY – SCOPE & SAFEGUARDS
A POA should be project-specific, limited, legally vetted, properly stamped and registered/notarised as required by the nature of powers and applicable law. A POA does not itself transfer ownership or replace the DA.
11.1 Suggested limited authority list
· Submit and follow up applications for planning and statutory permissions relating to the defined project.
· Sign and submit drawings, forms, declarations and undertakings specifically approved by the society and permitted under the DA.
· Obtain certified copies, file plans and collect permissions.
· Coordinate with utility providers and authorities for project-related connections and disconnections.
· Represent the society only for the specific administrative acts listed in the POA.
11.2 Express exclusions to consider
· No authority to sell, mortgage, gift, lease or otherwise transfer society land or any member's existing/new premises.
· No authority to receive sale consideration on behalf of members or alter member entitlements.
· No authority to execute a conveyance of society property except under a separately approved and legally valid instrument.
· No authority to compromise litigation, waive title defects, admit liability or incur borrowing in the society's name unless separately and expressly authorised.
· No delegation/substitution except as expressly permitted.
· POA terminates on specified events, subject to accrued lawful acts and the DA.
Execution block: Principal [Society], acting through duly authorised signatories under resolution dated [ ]; Attorney [Developer / named individual]; property schedule [ ]; powers [ ]; exclusions [ ]; term [ ]; revocation/termination [ ]; witnesses [ ]. Advocate to settle stamp and registration requirements.
12. SUPPORTING UNDERTAKINGS, INDEMNITIES & DECLARATIONS
12.1 Developer declaration – accuracy and compliance
VASTU KRUPA BUILDCON PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having CIN [ ] and registered office at [ ] (“Company”), acting through its authorised signatory [ ], declares in relation to [Project]:
· The Company has disclosed its legal identity, directors, authorised signatory and material project experience accurately.
· The Company shall comply with applicable laws, sanctioned plans, labour and safety requirements, environmental conditions and RERA obligations where applicable.
· The Company shall not offer any improper payment, gift, benefit or inducement to a society member, office-bearer, consultant or public servant to influence the redevelopment process.
· The Company shall disclose material litigation, insolvency events, debarment and conflicts of interest relevant to the tender.
· The Company shall not make an unconditional promise of FSI, TDR, carpet area, approvals or completion dates before technical and legal verification.
· Any funding, bank guarantee, insurance or net-worth statement submitted with the bid is genuine and capable of independent verification.
For Vastu Krupa Buildcon Private Limited: [Authorised Signatory] / [Designation] / [Date] / [Place]
12.2 Society disclosure and authority undertaking – form for advocate
The Society, through its duly authorised office-bearers, confirms only to the extent supported by its records that it has supplied the documents listed in Annexure [ ], disclosed known litigation, mortgages, leases, member disputes, prior contracts, notices and authority restrictions, and obtained the resolutions/authorisations specified in Annexure [ ]. This undertaking must not be drafted as an absolute warranty of title by the Society unless the Society legally owns the land and its authority to give that warranty is established.
12.3 Mutual indemnity drafting points
· Identify the exact indemnifying party, protected persons and covered losses.
· Limit indemnity to specified breaches, fraud, wilful misconduct, title defects or statutory non-compliance attributable to the indemnifying party.
· Set notice, defence control, cooperation, mitigation and settlement-consent procedures.
· Define exclusions, liability cap (if appropriate), insurance recoveries and survival period.
· Do not indemnify a party for its own fraud, wilful misconduct or non-excludable statutory liability.
· Check whether the indemnity is commercially insurable and financially supportable.
12.4 No side-payment / anti-bribery declaration
The Company confirms that all commercial benefits offered to the Society and its members are recorded in the tender, approved schedules and definitive agreements. No undisclosed commission, cash payment, personal benefit or side arrangement shall be offered to influence any decision. Any legitimate professional fee must be documented, invoiced and paid to the proper recipient against a written engagement.
13. VACATING, POSSESSION & HANDOVER FORMATS
13.1 Member vacating notice – controlled draft
Date: [ ]
To: [Member name and address]
Subject: Proposed handover of existing premises under registered redevelopment
documents
Dear [Member],
With reference to the registered Development Agreement dated [ ] and your
registered Permanent Alternate Accommodation Agreement dated [ ], the parties
propose to coordinate handover of [existing premises details] on [proposed
date], subject to satisfaction of the applicable conditions precedent and the
agreed payment/security arrangements.
Before handover, please contact [designated project officer] to complete the joint inspection, inventory, key receipt, meter reading and possession memorandum. Transit rent/deposit and other benefits shall be paid in accordance with the registered agreement. This notice does not waive any member right or vary the registered agreements. In case of any discrepancy, please notify [contact] in writing.
For Vastu Krupa Buildcon Private Limited
Authorised signatory: [ ]
13.2 Vacant possession memorandum
|
Field |
Record |
|
Society / project |
[ ] |
|
Member(s) |
[ ] |
|
Existing premises |
[ ] |
|
Registered DA / PAAA reference |
[ ] |
|
Date and time of handover |
[ ] |
|
Keys / access cards delivered |
[ ] |
|
Electricity / water meter readings |
[ ] |
|
Fixtures / inventory / condition |
[ ] |
|
Photographs / video reference |
[ ] |
|
Transit rent / deposit payment reference |
[ ] |
|
Outstanding items / reservations |
[ ] |
|
Possession accepted by (developer representative) |
[ ] |
|
Member signature(s) |
[ ] |
|
Society witness |
[ ] |
Attach dated photographs, meter readings and proof of payments. Record any reservation; do not insert a blanket waiver of statutory or contractual rights.
13.3 Project handover checklist
· Valid OC / part OC covering the relevant premises and lawful access.
· Completion of member premises as per PAAA and specifications.
· Architect's carpet-area certificate and as-built drawings.
· Fire and life-safety systems and statutory certificates, as applicable.
· Lift approvals, testing and maintenance documents.
· Electricity, water, drainage, gas and other utility connections/meters.
· Keys, access cards, parking allocation records (if lawful), warranties and manuals.
· Defect list and rectification programme; defect-liability security.
· Common areas, amenities, equipment inventories and vendor warranties.
· Society records, approved plans, permissions, NOCs and insurance documents.
· Maintenance / corpus / sinking fund / handover accounting as agreed.
· Registered conveyance / further assurance obligations, if and when due.
14. CONDITIONS PRECEDENT & CLOSING CHECKLIST
|
Milestone |
Do not proceed until the following are checked |
|
Before bid submission |
Company authority; tender eligibility; initial title scan; feasibility assumptions; conflict and litigation disclosure. |
|
Before developer selection is treated as final |
Society's 2026 GR process; notices; quorum; required approvals; tender comparison; authorised officer process where prescribed; minutes and video; filing evidence. |
|
Before DA execution |
Final Board approval; society authority; title and lease/lessor/lender consents; final schedules; security; stamp duty advice; agreed conditions precedent. |
|
Before DA registration |
Correct parties and signatories; final property schedule; stamp payment/adjudication; registration appointment and documents; certified copy follow-up. |
|
Within prescribed post-DA period |
Execute/register member PAAAs within the period stated in the applicable 2026 order and definitive documents; track exceptions and disputed members. |
|
Before any member vacates |
Registered PAAA; rent/deposit paid as due; security in force; possession protocol; insurance; lawful approvals and demolition permissions as required. |
|
Before demolition |
Vacant possession legally obtained; disconnections; hazardous material survey; demolition permission; safety plan; insurance; contractor appointment; notices and statutory compliance. |
|
Before construction |
Valid CC and all commencement conditions; approved plans; labour registrations; safety arrangements; environmental/fire conditions; RERA registration where applicable. |
|
Before sale / marketing |
MahaRERA registration where required; sanctioned sale inventory; accurate carpet area and disclosures; no misleading claims; compliant agreements and accounts. |
|
Before handover |
OC / lawful occupation permission; completion of member premises; statutory certificates; utilities; defect and handover documents. |
15. COMPLIANCE, CONSTRUCTION & HANDOVER TRACKER
|
No. |
Task / document |
Owner |
Due date |
Status |
Evidence / remarks |
|
1 |
Title report and legal opinion |
Advocate |
[ ] |
Open |
[ ] |
|
2 |
Society process compliance certificate |
Advocate / Society |
[ ] |
Open |
[ ] |
|
3 |
PMC feasibility and project report |
PMC / Architect |
[ ] |
Open |
[ ] |
|
4 |
Tender and developer selection record |
Society / PMC |
[ ] |
Open |
[ ] |
|
5 |
Board approval and signatory authority |
Company Secretary / Board |
[ ] |
Open |
[ ] |
|
6 |
Registered Development Agreement |
Advocate |
[ ] |
Open |
[ ] |
|
7 |
Bank guarantee / security |
Finance |
[ ] |
Open |
[ ] |
|
8 |
Individual registered PAAAs |
Legal team |
[ ] |
Open |
[ ] |
|
9 |
Transit rent / deposits |
Finance |
[ ] |
Open |
[ ] |
|
10 |
Planning permissions / CC |
Architect / Liaison |
[ ] |
Open |
[ ] |
|
11 |
MahaRERA registration / compliance |
RERA consultant |
[ ] |
Open |
[ ] |
|
12 |
Insurance and contractor compliance |
Project team |
[ ] |
Open |
[ ] |
|
13 |
Demolition / safety approvals |
Project team |
[ ] |
Open |
[ ] |
|
14 |
Plinth and stage certificates |
Architect / Engineer |
[ ] |
Open |
[ ] |
|
15 |
OC and handover documents |
Architect / Legal |
[ ] |
Open |
[ ] |
16. RED-FLAG & RISK REGISTER
|
Risk |
Red flag |
Required response |
|
Defective title |
Broken title chain, mismatch in CTS/area, unregistered transfer, disputed ownership. |
Stop binding commitment; obtain certified records and advocate cure opinion. |
|
No conveyance / unclear tenure |
Promoter/landowner remains owner; lease conditions or government grant restrict redevelopment. |
Determine lawful route, obtain conveyance/deemed conveyance or lessor/authority consent as required. |
|
Mortgage / charge |
Society or landowner has secured loan; lender claims rights over property. |
Obtain lender statement, consent, release/escrow/charge arrangement and registration advice. |
|
Invalid society process |
Expired committee, defective notice, wrong quorum, manipulated consent, missing video/minutes. |
Pause; advocate to advise lawful fresh process. Do not backdate or repair records artificially. |
|
Member disputes |
Deceased owner, joint-holder conflict, tenant/occupant, transfer dispute, court injunction. |
Resolve or ring-fence through member-specific legal process; do not assume consent. |
|
Unrealistic FSI promise |
No verified plot survey, reservation, road setback, CRZ/height restrictions or premium estimate. |
Obtain architect feasibility and authority-specific written assumptions. |
|
Unfunded commitments |
High rent/corpus/area without funding or bank guarantee capacity. |
Stress-test cash flow; secure funding and enforceable security before signing. |
|
RERA non-compliance |
Project marketed/sold without required registration or accurate disclosures. |
Obtain written RERA opinion and registration before any regulated marketing/sale. |
|
Unregistered / inconsistent documents |
DA/PAAA/POA terms differ, missing schedules or incorrect stamp duty. |
Reconcile, adjudicate where appropriate, execute and register correct instruments. |
|
Safety / statutory breach |
Demolition or construction before permissions, insurance, safety and labour compliance. |
Stop work; obtain permits, safety plan, insurance and professional certification. |
17. SOURCE & VERIFICATION REGISTER
The following sources were reviewed as background on 12 November 2026. The Government of Maharashtra's signed publication is authoritative; professional articles and news reports are secondary explanations only.
|
Source |
Use / caution |
|
Government of Maharashtra – GR portal: https://gr.maharashtra.gov.in/ |
Search the exact order code / सांकेतांक 202609301657141847 and obtain the digitally signed 30 September 2026 order. Confirm Marathi text and any official translation. |
|
Maharashtra Co-operation Department – Circulars: https://mahasahakar.maharashtra.gov.in/en/document-category/circulars-standing-orders/ |
Check 4 November 2025 Registrar NOC circular and subsequent circulars/amendments. |
|
Maharashtra Co-operation Department – 4 November 2025 circular: https://mahasahakar.maharashtra.gov.in/en/document/circular_-regarding-directing-the-registrars-not-to-issue-no-objection-for-redevelopment-of-buildings-of-cooperative-housing-societies_dt_04_11_2025/ |
Verify continuing applicability after the 2026 order. |
|
Taxmann, 13 October 2026 – Government of Maharashtra Issues New Housing Society Redevelopment Framework |
Secondary legal commentary on the 2026 order; use for issue spotting, not as operative law. |
|
WIRC-ICAI, October 2026 – Co-operative Housing Societies |
Professional summary; verify exact clauses and calculations from the official order. |
|
Indian Express – Maharashtra redevelopment rules report, October 2026 |
News summary; not a substitute for the Government Order. |
|
MahaRERA: https://maharera.maharashtra.gov.in/ |
Check current registration, circulars, orders, promoter guidance and project applicability. |
|
MCGM portal: https://portal.mcgm.gov.in/ |
For Mumbai municipal permissions and current DCPR / building proposal procedures. |
|
MHADA: https://www.mhada.gov.in/ |
For MHADA land, layouts and applicable redevelopment policies. |
17.1 Official order verification sheet – complete before first project
|
Verification question |
Project advocate's confirmation |
|
Official GR number and date |
[ ] |
|
Signed PDF downloaded from official GR portal |
[ ] |
|
Official Marathi text reviewed |
[ ] |
|
Official English version / translation reviewed, if available |
[ ] |
|
2026 order clauses applicable to this society category |
[ ] |
|
Transitional treatment for any process already started |
[ ] |
|
Exact quorum, approval thresholds and denominator by meeting stage |
[ ] |
|
Exact tender count / process / bid validity requirements |
[ ] |
|
Authorised officer role, appointment and reporting timelines |
[ ] |
|
Video-recording and filing deadlines |
[ ] |
|
DA and PAAA execution / registration deadlines |
[ ] |
|
Completion timeline and permitted extensions |
[ ] |
|
Consequences for non-compliance / committee liability |
[ ] |
|
Other later amendments, corrigenda or court orders |
[ ] |
|
Advocate name, signature and date |
[ ] |
FINAL EXECUTION WARNING
No template in this pack should be signed in blank or used without project-specific review. The final legal set must be prepared by a Maharashtra advocate after examining original/certified title documents, the society's registered bye-laws, the official 2026 Government Order, applicable authority rules, current stamp-duty law and the precise commercial deal. A licensed architect, structural engineer, surveyor, CA and RERA professional must certify matters within their respective competence.
For Vastu Krupa Buildcon Private Limited
Internal legal pack custodian: [NAME / DESIGNATION]
Approved by the Board on: [DATE]
Project-specific advocate: [NAME / ENROLMENT NO.]